Legal Opinion

Porter v. Stricker

Supreme Court of South Carolina

Decided April 19, 1895PublishedCited by 16 opinions

Before Watts, J., Chester, March, 1894. Action by Benjamin B. Porter and others against Bobert W. Strieker and others. The report of the referee was as follows: This is a supplementary proceeding on the part of judgment creditors of B. W. Strieker, and was commenced on the 14th day of February, 1893, by service of summons and complaint, and has for its object setting aside a mortgage executed by B. W. Strieker to Mary J. Coleman on the 1st day of January, 1892, upon the…

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Before Watts, J., Chester, March, 1894. Action by Benjamin B. Porter and others against Bobert W. Strieker and others. The report of the referee was as follows: This is a supplementary proceeding on the part of judgment creditors of B. W. Strieker, and was commenced on the 14th day of February, 1893, by service of summons and complaint, and has for its object setting aside a mortgage executed by B. W. Strieker to Mary J. Coleman on the 1st day of January, 1892, upon the ground that same was given with the intent to defeat his commercial creditors and prefer Mary J. Coleman, and charging and…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice McIver.

*1891 *188The facts of this case are so fully stated in the report of the referee as to render any restatement of them here unnecessary, inasmuch as such report, together with the decree of the Circuit Judge, will be incorporated in the report of this case. The object of the action was to set aside a chattel mortgage given'by the defendant, Stricker, to his codefendant, M. J. Coleman. While the mortgage was assailed in the complaint upon two grounds — 1st, that it was void under the Statute of Elizabeth; 2d, it was void under the…

2Cases cited1 opinion

  1. Mann v. PooleSupreme Court of South Carolina · 1893

3Cited by16 opinions

  1. Forehand v. StateSupreme Court of Florida · 1936
  2. First Carolinas Joint Stock Land Bank v. KnottsSupreme Court of South Carolina · 1939
  3. Ex Parte BergerSupreme Court of South Carolina · 1908
  4. Bank of Dillon v. MurchisonCourt of Appeals for the Fourth Circuit · 1914
  5. Allgood v. AllgoodSupreme Court of South Carolina · 1926

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