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7 S.C. Eq. 368

Durr v. Bowyer

Court of Appeals of South Carolina

Decided March 15, 1827

Court of Appeals of South Carolina · decided 1827-03-15

Henry Rhodes administered on the estate of Jacob Rhodes who died intestate, and Josiah Pendarvis one of the complainants, and Jacob Durr the intestate of the other complainant were sureties to his administration bond. Henry Rhodes committed a devastavit on the estate of Jacob Rhodes, and the complainants his sureties were sued at law, and judgment obtained against them for the deficiency in that administration.

Decided 1827-03-15

Nott, J.

¶1I concur in this opinion on the last ground; but I am not prepared to say, that where a married woman is a party to a bill, and does not express any wish that the court should settle her property on herself, that *it ought to be withheld from the creditors of the husband upon the application of a stranger, without any inquiry being made whether it is by her authority or desire.

¶2Decree reversed.

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