Wagener v. Boynton

Citations

• 29 S.C. 389
• 7 S.E. 481
• 1888 S.C. LEXIS 133

Syllabus

<p>Section 2015 of General Statutes authorizes the assignee under a deed of assignment for the benefit of creditors, to recover by suit from any “creditor or person having a claim against the assignor or who is under any liability for the assignor,” any property conveyed by the debtor within 90 days before the assignment and with a view to give a preference, &c., to such creditor or other person who knowingly so receives it or is to be benefited by it. Held, that under the terms of this statute the assignee might recover from the wife of the assignor a tract of land convoyed to her by the assignor-debtor, where such conveyance was without valuable consideration and was executed within 90 days before the deed of assignment. Mr. Chief Justice Simpson dissenting.</p>