Legal Opinion

Tucker v. Weathersbee

Supreme Court of South Carolina

Decided August 13, 1914No. 8917Published

Before Spain, J., Barnwell, April, 1913. Action by George H. Tucker, Earl Sloan and Mary S. Sloan, administrator and administratrix of the estate of J. B. E. Sloan, assignees of the Edisto Phosphate Company, and J. D. Malsby, plaintiffs, against R. A. Weathers-bee and E. E. Weathersbee, defendants.

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Before Spain, J., Barnwell, April, 1913. Action by George H. Tucker, Earl Sloan and Mary S. Sloan, administrator and administratrix of the estate of J. B. E. Sloan, assignees of the Edisto Phosphate Company, and J. D. Malsby, plaintiffs, against R. A. Weathers-bee and E. E. Weathersbee, defendants. The Circuit decree was as follows: Succinctly stated, the pleadings developed an action brought by the owners of judgments, as plaintiffs, against one of the defendants, R. A. Weathersbee, to be set aside as fraudulent, under the statute of Elizabeth, as recognized at common law two deeds, one made…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cage.

The decree of the Circuit Court herein is full and comprehensive.

The appellants have failed to shake it. For the reasons therein stated that judgment is affirmed.

Mr. Justice Fraser concurs in the result.

Footnote.—As to. the running of the statute of limitations against actions to set aside fraudulent conveyances, see note in 4 Am. & Eng. Ann. Cases 1098; also, Eigleberger v. Kibler, 10 S. C. Eq. (1 Hill Eq.) 113; Shannon v. White, 27 S. C. Eq. (6 Rich. Eq.) 96; Croft v. Arthur, 3 S. C. Eq. (3 DeS.) 228; Means v. Feaster, 4 S. C. 249;…

2Cases cited1 opinion

  1. Harrell v. KeaSupreme Court of South Carolina · 1892

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