Carter v. Robbins

Court of Appeals of South Carolina

Carter v. Robbins

42 S.C.L. 29

DecidedDecember 15, 1854

StatusPublished

This text of 42 S.C.L. 29 (Carter v. Robbins) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Robbins, 42 S.C.L. 29 (S.C. Ct. App. 1854).

Pincite

Opinion

The opinion of the Court was delivered by

WaRDLaw, J.

It is plain that there can be no intermeddling with assets where there are no assets; and that paying the debts of a deceased with one’s own money, does not make one executor de son tort. Although the defendant in this case may have had funds of his deceased son, and from them may have paid' one debt, and promised to pay another, we see no' evidence of this, and therefore direct a new trial.

Motion granted.

O’Neall, WhitNer, GloveR and MüNRO, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

The opinion of the Court was delivered by

WaRDLaw, J.

It is plain that there can be no intermeddling with assets where there are no assets; and that paying the debts of a deceased with one’s own money, does not make one executor de son tort. Although the defendant in this case may have had funds of his deceased son, and from them may have paid' one debt, and promised to pay another, we see no' evidence of this, and therefore direct a new trial.

Motion granted.

O’Neall, WhitNer, GloveR and MüNRO, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

42 S.C.L. 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-robbins-scctapp-1854.