Stackhouse v. Wheeler

Citations

• 17 S.C. 91
• 1882 S.C. LEXIS 52

Syllabus

<p>1. When, in action to marshal assets, the court takes possession and control of the property of a testator for the purpose of paying his debts, a purchaser from a devisee of a part of such property, without leave of the' court and with knowledge of the action pending, purchases subject to-the right of the court to take the property for the purpose of paying the debts of the estate.</p> <p>2. A purchaser at sheriff’s sale of the interest of the debtor in land of her deceased husband, of whom she was sole devisee and also executrix, sold' under judgment founded upon her individual debt, — such purchaser having knowledge that an action, instituted by the executrix and with purposes not fully accomplished, is then pending to subject this very land to the payment of testator’s debts, — has no valid title as against one who afterwards purchases under a subsequent order of the court in that cause.</p> <p>3. The purchaser at sheriff’s sale took only the interest of the devisee remaining after the payment of testator’s debts.</p> <p>4. This case distinguished from Smith v. Grant, 15 S. G. 136.</p> <p>5. In action instituted by an executrix and sole devisee to have her testator’s lands sold in aid of assets, the court enjoined all creditors of testator from proceeding either at law or in equity to sue or collect any claims against the estate of testator. Held, that this order prohibited a creditor of testator from bringing action against the devisee to subject the lands descended to the payment of his demand.</p> <p>6. Exception alleging error in an omission to charge not considered, it not appearing in the case that the Circuit judge was requested so to charge.</p>