48 S.C. 566 | S.C. | 1897
The opinion of the Court was delivered by
This is an appeal from an order of Judge Earle refusing to set aside a decree.of Judge Hudson made in the principal case October 18, 1884. On May 24, 1884, Sarah J. Allen, the life tenant of a tract of 3,500 acres of land in Hampton County, joining with her husband, John C. Allen, aud one or more adult children,
Judge Earle, after hearing the motion, refused to grant the same, on the grounds (1) that the Court did have jurisdiction at least of the persons sui juris at the time of rendering the judgment; (2) that the motion to vacate the judgment was too long delaj'ed, it should have been made within five years after rendition. The petitioners appeal, alleging error on the several grounds set out in the “Case.”
Judge Earle did not pass upon the other questions raised. Since all parties interested concur in wishing the decree of October 18, 1884, vacated, except the attorneys named, who merely desired to be protected in their right to the fees adjudged to be properly due them, and in view of the fact that the scheme of the decree has been barren of results and is now deemed inexpedient, because of the events that have transpired since the decree, we have concluded to render the following judgment: The judgment of this Court is, that the judgment of the Circuit Court be reversed (not, however, on jurisdictional grounds), and the decretal order of sale and reinvestment made in said cause October 18, 1884, be revoked and all proceedings thereunder restrained,