Langley v. Knighton

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was an action on a bail bond against the 0 defendant, as administrator of Moses Hollis, deceased, the bail. The defendant demurred ally, and the plaintiff joined in demurrer. The presiding Judge in the District Court overruled the demurrer, and gave judgment for the plaintiff in the action. This is a motion to reverse that decision, on the ground that the administrator or executor of bail is not liable under the bond.

Decided 1818-05-15

¶1The opinion of the Court was delivered by

Mr. Justice Cheves.

¶2This is a most extraordinary question. The heirs, executors, and administrators, are expressly bound by the terms of the bond, and by law ought to be so bound, in the same manner as in bonds for the payment of money, in the ordinary transactions of business. As well might it be questioned, whether the legal representatives of a man are bound to administer his assets in the payment of debts. It is indeed that very question. The judgment of the District Court is affirmed unanimously.

GrimJcé, Colcoek, Gantt, Johnson, and JVbtt, J-concurred.