45 S.C. 408 | S.C. | 1895
The opinion of the Court was delivered by
This case has been before this Court before (38 S. C., 173,) when it was remanded to the Circuit Court; orders were passed calling in the creditors of. the estate of John A. Brown deceased, and an order was passed requiring J. D..McDucas, Esq., as master, to take and report
It is the judgment of this Court, that so much of the judgment of the Circuit Court as held the claims not properly proved by the affidavit of the holders thereof on presentation to the master, be affirmed; and so much thereof as held the records and accounts offered in testimony as incompetent, be reversed; and the cause is remanded to the Circuit Court, with leave to the claimants in question, within sixty days after the remittitur is filed in the office of the clerk of the Circuit Court for Florence County, to present their respective claims as herein allowed; but upon failure to do so within the said sixty days, the Circuit Court is required to formulate a decree forever barring them, or any of them, so neglecting or refusing to present their claims, from any participation in the assets belonging to. the estate of John A. Brown, deceased..