McLaurin v. Rion

Citations

• 24 S.C. 407
• 1886 S.C. LEXIS 54

Syllabus

<p>An administratrix filed her petition in the Court of Probate to sell the lands of her intestate in aid of assets, making the brothers of intestate, his heirs at law, defendants. They answered, denying title of this intestate and claiming title in their father, who was also deceased. Upon this issue the cause by consent was transferred to the docket of the Circuit Court, and judgment rendered for the plaintiff and the land ordered to be sold, which was accordingly done and to plaintiff's attorney. On appeal afterwards heard, this judgment was reversed and the claim of defendants sustained. Subsequently, this attorney conveyed to the plaintiff in that cause, and she to the plaintiff here, and afterwards the land was sold under executions against the executor of the father and purchased by defendant here, who took possession, In action to recover this land, held: Under its jurisdiction in matters of administration the Court of Probate could have sold only the interest of the intestate in this land, its decree operating in the nature of a proceeding in rem and not transferring the rights of the parties before it as heirs of another party; and the proceedings had in the Court of Common Pleas, upon the transfer of the cause, being a continuation of those in the Probate Court — only in which aspect, under the allegations in this case, a Court of Equity would have had jurisdiction of the action — the sale under the order of the Circuit Court was in the nature of a probate sale, and passed the title only of the brother, which has proved to be no title at all.</p>