Sheldon v. Blauvelt

Citations

• 29 S.C. 453
• 1 L.R.A. 685
• 7 S.E. 593
• 1888 S.C. LEXIS 147

Syllabus

<p>1. May an assignee under a deed of assignment intervene by petition to dissolve attachments issued against the assigned estate, as the property of the assignor ? And if not, will an unappealed order, directing an issue, under the petition, to try the title to the property attached,prevent objection afterwards ?</p> <p>2. A statute of this State declares that any assignment by an insolvent debtor for the benefit of his creditors in which any preference is given shall be null and void and of no effect whatever. The New York statute requires such an assignment to give a preference to employees. A citizen of Now York made an assignment in accordance with the New York law. Held, that the preference therein contained rendered the assignment void in this State, and that creditors residing in New York and elsewhere, who subsequently attached real and personal property of the assignor in this State, acquired a lien on the property attached.</p> <p>3. In the transfer of personal property, the law of the domicile will not govern where such law conflicts with the policy of the law of this State and its statutory requirements.</p> <p>4. Our assignment act applies to assignments executed without the State as well as to those executed within it. This caso distinguished from Russell v. Tunno, 11 Rich., 315, and from the statute there construed.</p> <p>5. Respondent should notify appellant of such additional grounds as he intends to rely upon in support of the Circuit decree.</p> <p>6. A non-resident has the same rights as a citizen under the attachment laws of this State.</p> <p>Mr. Chief Justice Simpson concurred in the result.</p>