Reports of Cases Heard and Determined by the Supreme Court of South Carolina Volume 60 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1901 Excerpt: ... Syllabus. 60 S. C. amendatory thereof, have omitted to make such provision as would enable the heirs at law of a non-resident, who is killed in this State by the wrongful act of another, and dies leaving no estate within the limits of this State, to avail themselves of the benefit of such legislation, the Court has no power to supply such omission. 2d. I am not prepared to concede that such a result would follow from the view which I have taken; for there is certainly high authority for saying that, in such a case, the administrator of the domicil could bring the action. The reason for the rule that a foreign administrator cannot sue in this State as usually given is. that it is necessary for the protection of the rights and interests of the creditors of the decedent within the State; and as the rights of creditors are in no way involved in a case like this, the reason for the rule ceases, and under the maxim, cessante ratione legis cessat ipsa lex, that rule would not apply in a case like this. It seems to me, therefore, that in any view which I am able to take of this case, that the judgment of the Circuit Court should be reversed, and the case remanded to the court of probate, with instructions to sustain the demurrer to the petition for revocation of the letters of administration granted to the said McCown, and with leave to answer said petition, if he so desires, raising such issues of fact as may be deemed pertinent to the case. WISE v. WISE. 1. Statute Of Frauds.--A Parol Agreement between husband on reconciliation with his wife to give her a tract of land and certain personal property, is obnoxious to the statute of frauds and cannot be enforced, although he purchased the property in his own name, lived with her therein, and moved away, leaving her ...