Pickens v. Bryant

Citations

• 45 S.C. 17
• 22 S.E. 750
• 1895 S.C. LEXIS 12

Syllabus

<p>1. Res Adjudicata. — Where a trustee appointed by the heirs of an intestate, by deed under seal, sues on a note alleging a promise to pay the intestate, the complaint was properly dismissed, upon the ground that the administrator is the only person who could maintain an action on the note; but in a second action on the same note, the cause of action alleged to be a promise to pay the trustee, it is error to dismiss the second complaint on the ground of res adjudicata.</p> <p>2. Trustee — Debt oe Heir at Daw — Estopped.—The heirs at law of an intestate executed under seal a deed of trust, appointing a trustee to collect and distribute the assets of the estate; one of the heirs owed a note to the intestate, and in the deed obligated to pay it to the trustee. Held, that such promise to pay the note to the trustee was a good cause of action by the trustee against such heir, and the heir could not object to the legal capacity of the trustee to sue on that promise.</p>