Legal Opinion

Manship v. Newton

Supreme Court of South Carolina

Decided July 11, 1916No. 9454Published

Before Bowman, .J.,- Bennetsville, August, 1915. Action by Mary A. Manship and another, as executrix and executor of the estate of Aaron T. Manship, against H. H. Newton and wife. From a decree of the Circuit Court dismissing the complaint, .and sustaining exceptions to the referee’s report in favor of plaintiffs, they appeal.

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Before Bowman, .J.,- Bennetsville, August, 1915. Action by Mary A. Manship and another, as executrix and executor of the estate of Aaron T. Manship, against H. H. Newton and wife. From a decree of the Circuit Court dismissing the complaint, .and sustaining exceptions to the referee’s report in favor of plaintiffs, they appeal. The decree referred to is as follows : This action was commenced by the service of summons and complaint dated October-, 1913, and was for the purpose of setting aside the deed of H. H. Newton to his wife, Kate M. Newton, dated April 6, 1909. The complaint set forth…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

After protracted litigation in the case of Manship v. Newton, reported in 94 S. C. 260, 77 S. E. 941, the plaintiff obtained judgment against the defendant, H. H. Newton, for $8,000. On this judgment only $1,000 was paid. The defendant, H. H. Newton, was examined in supplementary *10proceedings, and arrested under the act of arrest and bail, and held under bond of $8,000. A nulla bona was returned in the case, and an action commenced for the purpose of setting aside a deed of conveyance from H. H. Newton to his wife, Kate M. Newton, of…

2Cases cited5 opinions

  1. Knobelock v. Germania Savings BankSupreme Court of South Carolina · 1897
  2. Lenhardt v. PonderSupreme Court of South Carolina · 1902
  3. Steinmeyer v. SteinmeyerSupreme Court of South Carolina · 1899
  4. Manship v. NewtonSupreme Court of South Carolina · 1913
  5. Townes v. AlexanderSupreme Court of South Carolina · 1904

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