Heyward v. Williams

Citations

• 57 S.C. 235
• 35 S.E. 503
• 1900 S.C. LEXIS 28

Syllabus

<p>1. Pleadings. — The Complaint here sufficiently alleges that testator left a will, in which he appointed certain persons executors.</p> <p>2. Oral Demurrer — Executors.-—The objection that the assignee of a mortgage by a foreign executor cannot sue in this jurisdiction, may be made by oral demurrer to the complaint that it does not state facts sufficient to constitute a cause of action.</p> <p>3. Practice — Amendment oe Complaint. — Order overruling demurrer reversed, but plaintiff permitted to move Circuit Court for leave to amend his complaint.</p>