Legal Opinion

Topham v. Chapman

Supreme Court of South Carolina

Decided May 15, 1817Published

mi* r * i This was a ieigned issue to try the right to mo- ° ' J ° neys attached as the property of Thomas Topham, an absent debtor, resident in England, and who ° had there been declared bankrupt. The case was tried before Mr. Justice Smith, at Charleston, in January Term, 1813. The verdict for the plaintiffs, the assignees of the bankrupt, under the commission of bankruptcy. The defendants are attaching creditors, under the laws and in the Courts of this State.

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mi* r * i This was a ieigned issue to try the right to mo- ° ' J ° neys attached as the property of Thomas Topham, an absent debtor, resident in England, and who ° had there been declared bankrupt. The case was tried before Mr. Justice Smith, at Charleston, in January Term, 1813. The verdict for the plaintiffs, the assignees of the bankrupt, under the commission of bankruptcy. The defendants are attaching creditors, under the laws and in the Courts of this State. This is a motion to set aside the verdict.

1Opinion of the CourtNott, J.

The defend ants in this case are creditors of Thomas Topham, a bankrupt, in England. Since the commission of bankruptcy, and after the property was assigned to the plaintiffs, the defendants procured attachments to be levied on his property in this State: and the question now to be determined is, whether the attaching creditors or the assignees are to be preferred ? The question has been tried on a feigned issue, and a verdict found for the assignees, who were plaintiffs. Whether the persons attaching are really American citizens or British subjects, does not appear. We are bound, therefore,…

2Cases cited1 opinion

  1. Worthington's Lessee v. EtchesonU.S. Circuit Court for the District of District of Columbia · 1837

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