Scruggs v. Foot

Citations

• 19 S.C. 274
• 1883 S.C. LEXIS 80

Syllabus

<p>1. Tbe Court of Probate has jurisdiction, on the petition of a creditor, as well as on the petition of the administrator, to order a sale of land in aid of assets.</p> <p>2. An infant heir having conveyed to his mother his interest in the descended lands, and his deed being voidable at his election after attaining his majority, but not absolutely void, he was not a necessary party to a proceeding for the sale of such land in aid of assets.</p> <p>3. An original proceeding by a widow for homestead in the lands of her deceased husband, cannot be initiated in the Court of Common Pleas. Ex parte Lewie, 17 S. C. 153, affirmed.</p>