Turbeville v. Flowers

Citations

• 27 S.C. 331
• 3 S.E. 542
• 1887 S.C. LEXIS 140

Syllabus

<p>1. In the partition of an intestate's lands one tract was assigned by the commissioners to the widow. All parties agreed that this assignment should he disregarded and this tract sold along with two others, and it was purchased by the second husband of this widow, it being about her share, he giving his bond for his hid. One of the other purchasers failed to comply and the tract purchased by him was afterwards sold for a less amount. Held (the widow consenting that her husband’s bond should he credited with her share), that such share was a third of the money realized from the sales, and not a third of the amounts for which the land was first sold.</p> <p>2. The assets of an intestate’s estate cannot properly be distributed amongst the heirs at law and distributees, and their shares therein properly ascertained, until the same are converted into money or what the parties may accept as money.</p> <p>3. Distributees of an estate are chargeable with interest on their purchases of real and personal property from the date of purchase until payment.</p> <p>4. An administrator is liable for Confederate money properly received by him where he fails to show that it perished on his hands.</p> <p>5. An administrator is liable for uncollected notes taken at a sale made by him during the war, where he fails to show that they could not have been collected.</p> <p>6. A question (other than one of jurisdiction) not presented to or passed upon by the Circuit Court, cannot he considered here.</p>