Legal Opinion

First Citizens Bank & Trust Co. v. Park at Durbin Creek, LLC

Court of Appeals of South Carolina

Decided February 15, 2017No. Appellate Case No. 2014-002295; Opinion No. 5469PublishedCited by 1 opinion

1Opinion of the Court

WILLIAMS, J.:

The Park at Durbin Creek, LLC (PDC) and Kenneth Clifton (collectively, Appellants) appeal the circuit court’s decision to set aside Clifton’s conveyance of property to PDC on the grounds that the conveyance violated the Statute of Elizabeth. On appeal, Appellants claim the circuit court erred in setting aside the transfer of Clifton’s interest in the property to PDC when (1) the testimony of both owners of the property established a valid purpose for the transfer, and (2) the property was transferred by both owners in a single deed without any showing of fraudulent intent.…

2Cases cited7 opinions

  1. Coleman v. DanielSupreme Court of South Carolina · 1973
  2. Mathis v. BurtonCourt of Appeals of South Carolina · 1995
  3. Oskin v. JohnsonSupreme Court of South Carolina · 2012
  4. Commerce Center of Greenville, Inc. v. W. Powers McElveen & Associates, Inc.Court of Appeals of South Carolina · 2001
  5. Royal Z Lanes, Inc. v. Collins Holding Corp.Supreme Court of South Carolina · 1999

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3Cited by1 opinion

  1. First Citizens Bank & Trust Co. v. Park At Durbin Creek, LLCSupreme Court of South Carolina · 2018

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