SMITH v. BYERS

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Docket Number

9207

Attorney(S)

Messrs. Gibson Muller and McDonald McDonald, for appellants, cite: 1 Brev. 289; 2 Hill L. 579; 6 S.C. 361; 60 S.C. 322; 24 S.C. 417; 1 S.C. 197; 6 S.C. 146; 19 S.C. 166; 204 Fed. 407. Distinguished: 21 S.C. 455; 58 S.C. 515. Messrs. Spencer Spencer, for respondent, submit: Findings that the executors were in possession, and that possession had not passed to the devisees exclusively, are on the facts, and this being a legal issue, are not reviewable. Here plaintiffs are seeking to oust defendants of their sole possession. Cases distinguished: 60 S.C. 322; 204 Fed. 407. The possession of an executor devisee must be referred to his capacity as executor until debts are paid: 21 S.C. 455; 58 S.C. 515; 10 S.C. 354, 368. Mr. Glenn W. Ragsdale, also for respondent, cites: 21 S.C. 147; Ib. 455; 10 S.C. 368; 58 S.C. 495; 15 S.C. 149.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

9207

Attorney(S)

Messrs. Gibson Muller and McDonald McDonald, for appellants, cite: 1 Brev. 289; 2 Hill L. 579; 6 S.C. 361; 60 S.C. 322; 24 S.C. 417; 1 S.C. 197; 6 S.C. 146; 19 S.C. 166; 204 Fed. 407. Distinguished: 21 S.C. 455; 58 S.C. 515. Messrs. Spencer Spencer, for respondent, submit: Findings that the executors were in possession, and that possession had not passed to the devisees exclusively, are on the facts, and this being a legal issue, are not reviewable. Here plaintiffs are seeking to oust defendants of their sole possession. Cases distinguished: 60 S.C. 322; 204 Fed. 407. The possession of an executor devisee must be referred to his capacity as executor until debts are paid: 21 S.C. 455; 58 S.C. 515; 10 S.C. 354, 368. Mr. Glenn W. Ragsdale, also for respondent, cites: 21 S.C. 147; Ib. 455; 10 S.C. 368; 58 S.C. 495; 15 S.C. 149.

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SMITH ET AL. v. BYERS ET AL.

September 30, 1915. The opinion of the Court was delivered by

MR. CHIEF JUSTICE GARY.

For the reasons assigned by his Honor, the Circuit Judge, the judgment of the Circuit Court is affirmed.

MESSRS. JUSTICES WATTS and GAGE concur in the opinion of the Court.

MR. JUSTICE HYDRICK. I concur in the result, because I do not agree to the proposition that the exclusive possession of a life tenant may not inure to the benefit of remaindermen.

MR. JUSTICE FRASER was disqualified, and did not sit in this case.

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SMITH ET AL. v. BYERS ET AL.

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