Lowry v. Jackson

Citations

• 27 S.C. 318
• 3 S.E. 473
• 1887 S.C. LEXIS 137

Syllabus

<p>1. Where plaintiff has improperly made too many parties defendant to his action, a demurrer for defect of parties will not lie. This is good ground of demurrer only when there are too few parties, not -when there are too many.</p> <p>2. In action under, the code against heirs-at-law to subject real estate descended to the payment of the ancestor’s debt, the administrator of the ancestor is a proper party defendant. If the administrator be not joined, the heirs, it would seem, might require his presence to have an accounting of the personalty, which is primarily liable for the payment of debts.</p> <p>3. In such an action the complaint need not allege any agreement, obligation, &e., by the heirs to pay the debt, for their liability is only the obligation imposed upon them by law to discharge the debts of their ancestor to the extent of the real estate which has descended to them charged with the payment of his debts.</p> <p>4. A joint demurrer, not good as to all who take it, must fail even though it would have been good as to one of them if interposed by him alone.</p> <p>5. Where an action against a married woman does not concern her separate property, her husband is a necessary party; where it does concern her separate property, he is a proper party.</p> <p>6. On overruling a demurrer to a complaint, the judge may, in his discretion, require the payment by defendant of all costs to date, as a condition precedent to leave to answer.</p>