4 S.C. 293 | S.C. | 1873
The opinion of the Court was delivered by
This is a creditor’s bill, not only in form, but effect, for an order was passed almost immediately upon the filing of the answers, without any objection on the part of the respondents, calling in the creditors of the testator, George Speake. It
That a creditor has no right to come into equity until he has exhausted his legal remedy against his debtor is true, as a general rule, but Courts of Equity, from their earliest institution, so far as we are informed by their history, have entertained proceedings on behalf of creditors claiming demands, not only against insolvent estates, through an account from their personal representatives, but where difficulties would attend the enforcement of judgments at law, or where a multiplicity of suits would be prevented through
The motion is granted, the decree of the Circuit Judge set aside, and the case, remanded to the Circuit Court for Newberry County.