Leake v. Anderson

Citations

• 43 S.C. 448
• 21 S.E. 439
• 1895 S.C. LEXIS 187

Syllabus

<p>1. Fraud — Conveyances—Findings op Fact by the Circuit Judge, on testimony taken by a referee and reported to the court, that certain mortgages, deeds, and confessions of judgment by a debtor were bona fide, in ignorance of his insolvency, and not made with intent to hinder, delay or defeat other creditors, sustained and held to be supported by the evidence.</p> <p>2. Ibid.. — Intent—Clerical Error. — In the sentence, “the evidence does not show that either of them had any interest to defeat, delay or hinder any other creditor,” as it appears in the printed copy of the Circuit decree furnished to this court on appeal, it must be assumed that the word “interest” is a misprint for “intent,” though not a matter of real difference, so far as it affects the result.</p> <p>3. Assignment for Creditors — Security—Preferences.—An insolvent debtor may prefer one or more creditors by mortgages, or other security, where done with the bona fide intent of merely securing their debts; and this court approved the finding of the court below, that such was the intention in this case, and that the several papers, though of nearly the same date, were really independent transactions, especially as some $1,800 worth of the debtor’s property was not covered by his mortgages, deeds and confessions of judgment; and held that these transactions were not void under the assignment laws of this State.</p> <p>4. Ibid. — Homestead—Marshalling Securities. — Where a debtor has mortgaged and transferred all of his property, except $1,800 worth, should his homestead exemption be deducted in estimating the amount retained for other creditors, under the two-fund doctrine applied by the courts in such cases?</p> <p>5. Notice at Sheriff’s Sale — Chilling Bidding. — Notice given by a wife that she held a deed to land about to be sold as her husband’s property, being a mere statement of what was true in fact, and disclosed by the records, is not a chilling of the bidding, and, therefore, objectionable,