McInnis v. McRae

The opinion of the Court was delivered by

Mr. Justice Cothran.

I do not agree with the conclusion arrived at by Mr. Justice Watts, affirming the decree of Judge Memminger in this case, and am of opinion that it should be materially modified in conformity with the conclusions herein announced.

The plaintiff, a creditor of A. C. McRae, brought this action to set aside, as fraudulent and in violátion of the Assignment Law (Civ. Code, 1922, § 5512), a deed from A. C. McRae to his wife, Alice M. McRae, and a mortgage from Alice M. McRae to her brother H. W. McLaurin'(subsequently assigned to Scotland…