Ex parte Spragins, Buck & Co.

Citations

• 44 S.C. 65
• 21 S.E. 543
• 1895 S.C. LEXIS 58

Syllabus

<p>1. Assignment for Creditors — Compensation of Assignee. — The assignee under a deed of assignment for creditors, and recognized as such pending proceedings to vacate the deed which was subsequently set aside, is entitled to compensation out of the assigned estate for services rendered as assignee until the time that the deed was set aside.</p> <p>2. Ibid. — Ibid..—An assignee under a deed of assignment for the benefit of creditors is entitled to no other or greater compensation than the commissions allowed to him by statute for receiving and paying out' money; nor can he be allowed commissions on the fund turned over by him to the receiver appointed by the court.</p> <p>3. Consent Decree — Findings of Fact. — Where a consent decree, nnappeale'd from, allows fees to plaintiff’s attorneys out of the fund in court, their right to be so paid cannot be afterwards questioned; and the amount of such fees having been fixed by the Circuit Judge, with testimony to sustain his finding, this court will not disturb the finding.</p> <p>4. Judgments — Deed Vacated. — Judgments obtained against a debtor after he had made a deed of assignment to his creditors, and before action instituted to vacate such deed, have a lien as of their date on the real estate of their debtor, his deed of assignment having been set aside by decree of court.</p> <p>5. Ibid. — Ibid.—Creditor’s Action. — Where an action is instituted by a creditor in behalf of himself and other creditors to vacate a deed of assignment and administer the estate, but other creditors are not enjoined nor required to come in and prove their demands, such of the creditors as did not make themselves parties, but obtained judgment against the debtor after action brought and before the call for creditors, are entitled to claim a lien for their judgments from their date, the deed of assignment having been vacated.</p> <p>6. Creditors’ Action. — -An order of the court preserving the status quo of the assigned estate in the hands