Anderson v. Pilgram

Citations

• 41 S.C. 423
• 19 S.E. 1002
• 1894 S.C. LEXIS 138

Syllabus

<p>1. Case. — The attention of the bar called to the propriety and necessity of correcting all errors and mistakes in the copies of the “Case” filed with the clerk for the use of the court.</p> <p>2. Findings op Fact — Fraudulent Compromise. — This court concurring with referee and Circuit Judge, that a compromise was made by a debtor with his debtors for the purpose of defeating the payment of a debt adjudged to ' be valid, the compromise was declared to be a fraud on the part of this debtor, even though he did not consider himself morally bound to pay the debt which he sought to defeat.</p> <p>3. Ibid. — Ibid.—Innocent Parties. — But the debtors in the compromise having undertaken to pay other debts due by their creditor, and given new notes in part, they occupy the position of purchasers for value; and the circumstances not showing that they participated in their creditor’s fraudulent intent, or had notice of it, the transaction was valid as to them.</p> <p>4. Fraudulent Conveyance — Action—Issues.—A voluntary transfer of notes, by an insolvent husband to his wife, is fraudulent as to his creditors, but all questions as to the validity of these notes should properly be made in action brought by the sheriff, if the notes have been attached, or by a receiver appointed in this action, if not attached; and if judgment be obtained, then the maker of the notes can raise the question of homestead. Such questions are not proper in this case, though all the parties are before the court.</p> <p>5. Costs — Supplementary Proceedings. — Costs incurred by plaintiffs in recovering property fraudulently disposed of by their debtor, may be ordered to be paid out of the fund recovered, but not costs of supplementary proceeding's instituted against spoil debtor, and dismissed or abandoned. Costs of such proceedings can be recovered only under order of the judge who renders judgment in the matter.</p> <p>6. Petition for Rehearing refused.</p>