Nixon Grocery Co. v. Spann
Supreme Court of South Carolina
Before MiímmingRr, J., Bamberg, November, 1916. ■Action by the Nixon Grocery Company and others against J. A. Spann and others.
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Before MiímmingRr, J., Bamberg, November, 1916. ■Action by the Nixon Grocery Company and others against J. A. Spann and others. From an order directing defendant, J. A. Spann, to turn over certain lands to a receiver, he appeals. cite: As to order requiring property turned over to receiver: 82 Miss. 527; High on Receivers, sec. 459. Homestead: Civil Code, sec. 3711; 24 S. C. 210; 8 Jere Baxter (Tenn.) 533; 99 S. C; 415. Collateral attack: 5 S. C. 75; 65 S. C. 237; 90 Ala. 464; 106 S. C. 486. Jurisdiction: 63 S. C. 214; 106 S. C. 449; 26 S. C. 207. Attack on mortgages: 238 Fed. 338. .
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
J. A. Spann appeals from an order requiring him to turn over to the receivers herein the property set off to him .as his homestead. His right to homestead is not questioned, but plaintiffs allege that it was not set off according to law, and that, in the way in which it was set off, it operates as a fraud upon their rights.
Spann was a farmer and merchant, and is insolvent. He owns two tracts of land in Bamberg county — the Guess tract, 400 acres, mortgaged to Spann Bros, for $16,087.68, the Matheny tract, 178 acres, mortgaged to…
2Cases cited5 opinions
- Mellichamp v. MellichampSupreme Court of South Carolina · 1888
- Nance v. HillSupreme Court of South Carolina · 1887
- Ketchin v. PatrickSupreme Court of South Carolina · 1890
- Wylie v. McFaddenSupreme Court of South Carolina · 1902
- Brown v. GreenSupreme Court of South Carolina · 1911
3Cited by13 opinions
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- Westbrook v. HutchisonSupreme Court of South Carolina · 1939
- Barron v. EnglishSupreme Court of South Carolina · 1924
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