McKinlay v. Gaddy

Citations

• 26 S.C. 573
• 2 S.E. 497
• 1887 S.C. LEXIS 74

Syllabus

<p>1. An administrator filed his bill in equity against the heirs at law for sale of land in aid of assets, praying that creditors be called in and enjoined; but no creditor was a party to the bill or called in, and no injunction was granted. The land was sold and the fund realized. More than twenty years after the filing of this bill, the fund being still in court, creditors were called in and they appeared and proved their claims. Held, that these claims were all barred by the statute of limitations and the lapse of time.</p> <p>2. In the record was found an undated list of “claims proved” in the handwriting of the deceased attorney of record for the administrator, but it was not shown when this paper was written. Held, that the onus was on the creditors to show an admission of their claims before they were barred, and, besides, this paper was not an admission. Would an admission by the attorney of the administrator be sufficient?</p> <p>3. Where creditors present their claims before the master under the call of the court, the heirs may plead the statute of limitations and the presumption of payment as a bar to the claims so presented.</p> <p>Mr. Justice McGowan dissenting.</p>