Globe Phos. Co. v. Pinson

Citations

• 52 S.C. 185
• 29 S.E. 549
• 1898 S.C. LEXIS 59

Syllabus

<p>1. Receiver — Supplementary Proceedings. — An order appointing a receiver, and authorizing him to bring suit on a chose in action, does not adjudicate any defense to the same.</p> <p>2. Ibid. — Ibid..—Homestead.—An order authorizing a receiver to collect a chose in action, and to hold the proceeds subject to the further order of the Court, is not erroneous, where the payee’s homestead is less than the amount due on the chose, and the property already assigned.</p> <p>3. Homestead. — Objections to the valuation of property assigned as homestead can only be taken by exceptions to return.</p> <p>4. Receiver — Supplementary Proceedings — Injunction.— The payer of a note may be enjoined, under Code, 319, in an order appointing a receiver, &c., in supplementary proceedings, from paying the note'to another than the receiver.</p> <p>5. Ibid. — Ibid.—Debtor and Creditor. — A judgment debtor cannot object to so much of an order, in supplementary proceedings, as enjoins his creditor from paying to another than the receiver a debt due him.</p> <p>6. Homestead. — Where a judgment debtor does not present to commissioners for valuation and assignment a note due him, he cannot afterwards claim it as homestead. (Dicta.)</p>