Grube v. Lilienthal
Supreme Court of South Carolina
Before Gary, J., Charleston, July, 1897. Action in foreclosure by Mrs. Mamie E. Grube against J. Ered. Eilienthal, Thos. Pinckney, jr., et al. The follow-i ng is so much of the report of Master Sass as is necessary to understand the opinion fully: In regard to the first question, I am of opinion that it involves the legal position of an assignee for the benefit of his creditors under a deed of assignment.
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Before Gary, J., Charleston, July, 1897. Action in foreclosure by Mrs. Mamie E. Grube against J. Ered. Eilienthal, Thos. Pinckney, jr., et al. The follow-i ng is so much of the report of Master Sass as is necessary to understand the opinion fully: In regard to the first question, I am of opinion that it involves the legal position of an assignee for the benefit of his creditors under a deed of assignment. Is, or is not, such assignee a purchaser for valuable consideration? If he is, then the assignee in the case at bar will take the property freed from the equity of the bank, because of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts of this case are fully set *450out in the decree of his Honor, the Circuit Judge, which will be reported.
1 The first two exceptions of Mrs. Ann Emily Eilienthal will be considered together, and are as fullows: “1. Because his Honor erred in holding that the defendant, Ann Emily Eilienthal, the wife of the said J. Fred. Eilienthal, had no right to have her inchoate right of dower in the premises covered by the mortgages herein ascertained and protected in the net surplus proceeds of sale of said premises. 2. Because his Honor…
2Cited by10 opinions
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- Shelton v. SheltonSupreme Court of South Carolina · 1954
- Ex Parte ClarkSupreme Court of South Carolina · 1925
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