Still v. Wood

Citations

• 85 S.C. 562

Syllabus

<p>l! Parties — Res Judicata — Homestead.—In an action by a child against the executor of the father for an accounting for the property due it by the'father and his executor as its testamentary guardian from the estate of its grandfather, the executor is the only necessary or proper party defendant, there having been no independent possession in the heirs at law, and the heirs at law or devisees under the will are not entitled to have homestead set apart to them out of the lands of the testator sold to satisfy the judgment so obtained by the child, especially since in this case they were made parties on petition of the executors, participated in the litigation and received their part of the surplus proceeds of sale.</p> <p>2. Minor — Service of Summons. — It is not necessary to serve a minor brought into a case then pending by petition of his testamentary guardian with copy of summons and complaint, although he may at the time be residing without the State.</p>