Curlee v. Rembert

Citations

• 37 S.C. 214
• 15 S.E. 954

Syllabus

<p>1. Insolvency—Void Deed—Creditors.—Whether a voluntary conveyance is void as to existing creditors, depends generally upon the proof of insolvency furnished by the eifort to subject his property to the payment of his debts ; but where an unappealed decree has pronounced such a conveyance void, it is thereby made void as to all existing creditors.</p> <p>2. Release oe Lien—Subsequent Judgments. —The release of a judgment lien on land sold by the debtor cannot, in the absence of fraud, operate, in whole or to the extent of the price of the land released, to postpone the lien, which such judgment has on other lands, in favor of other judgments afterwards obtained on then existing contracts.</p> <p>3. Void Deed—Active Creditor—Senior Liens.—Where a junior judgment creditor succeeds in his action to have a voluntary deed made by his debtor vacated, and the deed is declared to be void, the land covered by the deed becomes subject to all legal liens in the order of their priority, even though the complaint was not framed so as to provide for other creditors, and the senior judgment creditor acquiesced in the deed, and did not contribute to its annulment.</p>