Ivy v. Caston

Citations

• 21 S.C. 583
• 1884 S.C. LEXIS 128

Syllabus

<p>1. Where the affidavit upon which an attachment is issued by a clerk of court or Circuit judge positively alleges a mortgage given by the debtor to another, and contains a statement of belief, resting upon hearsay, inferences, and conjecture, that there was intent to defraud, but makes no positive averment founded on sufficient facts as to the intent and purpose of this mortgage — the attachment should be dissolved, on motion, for irregularity.</p> <p>2. Quere: Is a mortgage a disposition of property within the meaning of the attachment law?</p> <p>3. Whether an attachment has been improvidently issued or not involves a question more of fact than of law.</p>