Burgiss v. Westmoreland

Citations

• 38 S.C. 425
• 17 S.E. 56
• 1893 S.C. LEXIS 70

Syllabus

<p>L Assignment por Creditors — Release—Seal.—An assignment for the benefit of creditors provided a preference for all creditors who should execute a release of all demands within sixty days from that date. Held, that releases not under seal would discharge the debtor, and, therefore, were a substantial compliance with the condition of the deed, and the makers were entitled to share the preference pro rata with those who executed releases that were under seal.</p> <p>2. Case Criticised. — This case distinguished from Jnffrny v. Steodman, 35 S. C., 33.</p> <p>3. Releases — Time—Sixty Day's. — A release executed and mailed on April 5, and received on April 6, of a leap year, was within sixty days of the date of the deed of assignment on February 6.</p>