Rosborough v. Mills

Citations

• 35 S.C. 578
• 15 S.E. 281
• 1892 S.C. LEXIS 211

Syllabus

<p>1. Accounting — -Administrator—Res -Judicata. — A debtor gave to his two sureties, A and B, a second mortgage to secure them against the payment of his note, and afterwards died. His administratrix instituted action for settlement of her intestate’s estate, and these two sureties were made parties. The administratrix fully accounted, but the holder of the note, although he proved his claim, received nothing, and this second mortgage -was not reached. The judgment in favor of the creditors was never enrolled, but the case was marked ended and stricken from the docket. Afterwards, A paid the note and B repaid half of the debt to A, and then sued the administratrix for the amount paid by him. Held, that the former action was a bar to any accounting prior to the decree in that cause, but the administratrix not having been discharged from her office and trust, the plaintiff in this cause, whose rights accrued to him after his payment, was entitled to maintain his action and to recover judgment against the administratrix'for assets quando aceiderint, which in itself admits a full accounting up to the date of such judgment.</p>