Hudgens v. Sullivan

Citations

• 34 S.C. 99
• 12 S.E. 934
• 1891 S.C. LEXIS 23

Syllabus

<p>1. Inferences prom Undisputed Facts. — Where the facts are undisputed, but the judge of probate and Circuit Judge deduce different inferences therefrom, this court is entirely at liberty to say which are correct.</p> <p>2. Laches — -Delays op the Law.- — Where an administrator failed to obtain judgment for six years after the filing of the referee’s report in the cause, but there is no evidence to show that he or his attorney (who was instructed to press the claim) were responsible for this delay, no ground exists for charging the administrator with such negligence as would render him chargeable for a consequent loss of the debt.</p> <p>3. Liability op Legatees por Executor’s Contract — Laches.—Legatees cannot bo required to pay for professional services rendered by an attorney for the benefit of the estate under the employment of an insolvent executor, unless it is made to appear that the executor was in advanee to the estate. Therefore the administrator of the attorney cannot he held liable for a failure to prosecute the claim against such legatees within the time when the claim, if valid, would not have been barred by the statute of limitations.</p>