Shumate v. Harbin

Citations

• 35 S.C. 521
• 15 S.E. 270
• 1892 S.C. LEXIS 208

Syllabus

<p>1. Jurisdiction — -Subject Matter — Parties.—A mother residing with her infant son in this State contracted with a builder for the repair of a house in this State belonging to the infant, and afterwards removed to another State with her son and second husband. The builder brought action against the mother and her son and husband, procured order of publication, and had the summons published. The mother and her husband appeared and answered, and also the infant by guardian ad litem duly appointed. Held, that the court had jurisdiction of the subject matter of the action, and that mother and son were necessary parties and the husband a proper party.</p> <p>2. Infants — Improved Property — Equity.—Where the mother of a fatherless child contracts for necessary repairs to a house belonging to the infant, without which repairs the house would be useless and unprofitable, the contractor believing at the time that it is the property of the mother, the Court of Equity will give to the contractor for his reasonable charges a claim against the property to the extent to which his work has added to its value. To this end, it was ordered that the master rent the premises and apply the proceeds to the payment of taxes and master’s fees, then to the payment of the contractor's debt; and after that it should be rented for the benefit of the infant — the costs of the action not to be taxed against the infant.</p>