If the person indebted dies or conveys away his estate or interest before the commencement of a suit on the contract, the suit may be commenced and prosecuted against his heirs or whoever holds the estate or interest which he had in the premises at the time the labor or materials were performed or furnished. Or, if a suit is commenced in his lifetime, it may be prosecuted against his executors, administrators, heirs or assigns in like manner as if the estate or interest had been mortgaged to secure the debt.
S.C. Code Ann. § 29-5-370
Persons against whom lien may be enforced when debtor dies or conveys his interest
Applied in 1 court decision — leading case The Lite House, Inc. v. JC Roy Co., Inc. (1992)
Most recently applied in The Lite House, Inc. v. JC Roy Co., Inc. (June 1992)
1962 Code SECTION 45-287; 1952 Code SECTION 45-287; 1942 Code SECTION 8763; 1932 Code SECTION 8763; Civ
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.