Forbes v. Bowman
Supreme Court of South Carolina
Before Gage, J., Sumter, February, 1910. Action by W. S. Forbes against W. A. Bowman, Sumter Banking and Mercantile Company, the Bank of Sumter, and others. Plaintiff appeals from Circuit decree. cites: Deed void under statute of Elizabeth: 3 Bail. 133; 3 S. C. 386; 37 S. C. 373; 43 S. C. 487; 40 S. C. 1; Chev.
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Before Gage, J., Sumter, February, 1910. Action by W. S. Forbes against W. A. Bowman, Sumter Banking and Mercantile Company, the Bank of Sumter, and others. Plaintiff appeals from Circuit decree. cites: Deed void under statute of Elizabeth: 3 Bail. 133; 3 S. C. 386; 37 S. C. 373; 43 S. C. 487; 40 S. C. 1; Chev. Eq. 71; 4 Cyc. 184-5; 33 S. C. 416; and under the assignment act: Code 1903, 3047; 33 S. C. 416; 36 S. C. 441; 43 S. C. 475; 33 S. C. 471. The instrument is an assignment: 3 S. C. 366; 44 S. C. 183; 39 S. C. 491; 33 S. C. Ill; 36 S. C. 441; 33 S. €. 493. Assignment covers whole estate:…
1Opinion
The trust deed executed by W.A. Bowman and the Sumter Banking and Mercantile Company to R.I. Manning and others as trustees for creditors could hardly have been made more complex and difficult to understand. Careful consideration leads me to the conclusion that no moral fraud or wrongdoing was contemplated, but I concur in the conclusions reached by Mr. Justice Gary (1) that the debtors were insolvent when the deed was executed, (2) that the intention was to convey the entire property of W.A. Bowman as well as that of the Sumter Banking and Mercantile Company, (3) that the deed contemplated…
2Cases cited6 opinions
- American Freehold Land Mortgage Co. of London Ltd. v. WalkerSupreme Court of Georgia · 1904
- Brock v. RogersMassachusetts Supreme Judicial Court · 1904
- Bank v. Bank.Supreme Court of North Carolina · 1905
- Hancock v. CaskeySupreme Court of South Carolina · 1876
- Claflin & Co. v. IsemanSupreme Court of South Carolina · 1885
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