Jennings v. Parr

Citations

• 51 S.C. 191
• 28 S.E. 82
• 1897 S.C. LEXIS 57

Syllabus

<p>1. Pleading — Practice—Demurrer.—The objection, that the plaintiff had not legal capacity to sue, must he raised by answer or demurrer.</p> <p>2. Subrogation. — Under the facts in this case, the doctrine, that a purchaser at a void foreclosure sale becomes the equitable assignee of the bond and mortgage foreclosed, is not applicable. Mr. Chiee Justice McIver dissenting.</p> <p>3. Trustee — PRACTICE.—A trustee of an express trust may sue in his own name for benefit of his cestui que trust.</p> <p>4. Rents and Proeits — Mortgagor and Mortgagee — Limitation oe Estates. — Under the facts in this case, the trustee held the land for himself for his life, with remainder over, and his remaindermen cannot be held to account for rents and profits during his lifetime. Mr. Chief Justice McIver dissenting.</p> <p>5. Res Judicata. — Questions raised in this proceeding held not res judicata.</p> <p>6. Petition for Rehearing refused.</p>