Tabb &c. Co. v. Gelzer

Citations

• 43 S.C. 342
• 21 S.E. 261
• 1895 S.C. LEXIS 167

Syllabus

<p>1. Attachment — Irregularity.—An attachment was not irregularly issued where the affidavit upon which the warrant was based set forth plaintiff’s cause of action and affiant’s belief that defendant was disposing of his property with intent to defraud his creditors, as shown by his executing mortgages on his stock of goods in excess of their value, his evasion of explanation, and his admission that two of the mortgages were for more than the debts intended to be secured; and by the fact that defendant was carrying on his business without profit and depleting his stock, from which alone plaintiff can realize their debt.</p> <p>2. Ibid. — Ibid.—Mortgages.—-A chattel mortgage, after condition broken, will be regarded as an assignment or disposition of the property covered thereby, within the meaning of the attachment laws, and a proper ground for an attachment if executed with fraudulent intent.</p> <p>3. Ibid. — Improvidence.—The findings of fact of the Circuit Court in declining to vacate an attachment on the alleged ground that it had been improvidently issued, approved; and doubted whether this court can review such findings.</p>