Younger v. Massey

Citations

• 41 S.C. 50
• 19 S.E. 125
• 1894 S.C. LEXIS 78

Syllabus

<p>1. Inadvertent Errors in a Circuit decree conceded, but held to be immaterial.</p> <p>2. Findings of Fact. — A statement of fact by the Circuit Judge not sustained by the record will not be corrected where it relates to a matter that occurred in his presence.</p> <p>3. Accounting — Trusts—Res Judicata. — Where a Circuit decree sets aside a deed of assignment, and requires B., one of the defendants, to account for all moneys which came into his hands from the sale of goods of the assignor, and for all such goods taken by himself, B. cannot be held to account, except to the extent of the price agreed upon at private sale, for goods of the assignor transferred to B., levied on as the property of the assignor, and replevied by B. before the deed of assignment was executed, and afterwards retransferred to the assignee, and included in a subsequent private sale by the assignee to B., under authority of the. creditors, of all the goods of the assignor, for the reasons, (I) that the sale was a fair sale, judiciously made by the assignee, and (2) because the Circuit decree requiring-such accounting, with all these facts known, was so limited.</p> <p>4. Assignment for Creditors — Vacating Deed — Creditors’ Bill — Oases Criticised. — Where a judgment creditor files his complaint in behalf of himself and other creditors, to set asido a deed of assignment for fraud, and the Circuit decree directs all creditors to be called in to establish their demands, to which direction there is no exception, the action, therefore, becomes a creditors’ bill, and all creditors who come in are entitled to share pro rata in the fund realized after satisfaction of liens.1 This case distinguished from Ryttenburg v. Keels, 39 S. 0., 203, and Curlee v. Rembert, 3T Id., 214, followed.</p> <p>5. Ibid. — Ibid.—-Releasing Creditors. — Where a deed of assignment, valid on its face, gives a preference to releasing creditors, several creditors file releases thereunder, and the deed is afterwards set asid