Rowland v. Shockley

Citations

• 43 S.C. 246
• 21 S.E. 21
• 1895 S.C. LEXIS 156

Syllabus

<p>1. Executor — Tenure oe Estate. — An administrator cum testamento annexo, holding as such the lands of testator, cannot set up a claim of right as devisee as against the testator’s creditors or heirs.</p> <p>2. Exceptions — Circuit Judge — Former Decree. — Exceptions not considered that alleged error in rulings which were not made, and which could not have been made, because previously decreed by another Circuit Judge in the cause.</p> <p>3. Revival oe Judgment — Res Judicata. — At the time that the law gave lien to a judgment for ten years, with the right, within three years thereafter, to have it continued for a like period as of the date of the former recovery, a judgment sixteen years old was revived by default under summons and complaint with the force and effect of the former recovery: and no appeal was taken. Held., that as the order of revival was made in a proceeding in which the court had jurisdiction of both subject-matter and parties, the judgment was valid according to the terms of the order of revival, and a sale thereunder gave good title as against the defendant and her conveyees, and also as against the heirs of the testator for whose debt this judgment was rendered against his personal representative.</p> <p>4. Ibid. — -Abstract.—Where a judgment is properly entered on the abstract of judgments, an order of revival of the judgment should not be also entered on such abstract.</p>