Mauldin v. Gossett

Citations

• 15 S.C. 565
• 1881 S.C. LEXIS 108

Syllabus

<p>1. A rule was issued requiring a sheriff to show cause why he did not apply moneys in his hands d¿rived from a sale of the lands of one deceased to a judgment obtained against the deceased in his lifetime. Upon return made, the rule was referred to a referee, who reported a certain amount still due. To this report the administrator of the deceased filed exceptions, which, in substance, alleged that the judgment was paid. The report was confirmed. Held, that this proceeding was not res judicata as to creditors and distributees of the deceased not parties to the rule.</p> <p>'2. The proceeding by rule was proper, and the report, when confirmed, became a judgment binding upon parties and privies; but even if the administrator was a party and became thereby bound, his appearance would not bind his privies, unless he had a right to appear as a necessary and proper party.</p> <p>8. The creditors are privies of the administrator and bound by his legitimate acts, but not where his act related to the disposition of moneys arising from a sheriff’s sale of the intestate’s land after his death, under judgment obtained against him in his lifetime.</p>