McIntyre v. Legon

Citations

• 38 S.C. 457
• 17 S.E. 253
• 1893 S.C. LEXIS 86

Syllabus

<p>1. Fraudulent Conveyance — Finding of Fact. — Where a mortgage was ■ made to a bona fide creditor, and there is no proof of a participation by the absent mortgagee in any fraudulent intent on the part of the mortgagor, this court sustained the finding of the master and Circuit Judge, that the mortgage ivas valid.</p> <p>2. Assignment por Creditors — Findings of Fact. — Where master and Circuit Judge found that mortgages were executed with the bona fide intention of securing a debt, and not as a means of transferring the mortgagor’s property to a preferred creditor, the mortgages did not operate as an assignment for the benefit of creditors, in violation of the law, notwithstanding they subsequently had that effect by reason of the fraudulent absconding of the mortgagor.</p> <p>Ibid. — Date of Delivery. — These mortgages having been admittedly delivered prior to the debtor’s absconding, or to the attachment of other liens, it was immaterial to inquire whether or not they were delivered at their date, over three months before.</p>