Niolon v. Douglas
Court of Appeals of South Carolina
Heard by Chancellor Johnston, at Camden, February, 1835. The bill was filed 1th July, 1834, and states the following circumstances :— On the 30th April, 1833, Ralph Johnson executed an assignment of his whole real and personal estate, particularly two town lots in Camden, eight slaves, household and kitchen furniture, working tools, debts, &e., to James K. Douglas, Benjamin Bineham, John J. Blair, and James S. Stewart, in trust, to sell the same on the best terms they could…
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Heard by Chancellor Johnston, at Camden, February, 1835. The bill was filed 1th July, 1834, and states the following circumstances :— On the 30th April, 1833, Ralph Johnson executed an assignment of his whole real and personal estate, particularly two town lots in Camden, eight slaves, household and kitchen furniture, working tools, debts, &e., to James K. Douglas, Benjamin Bineham, John J. Blair, and James S. Stewart, in trust, to sell the same on the best terms they could obtain, either at public or private sale, and on such credit as they may deem proper, and to collect in the debts due to…
1Opinion of the Court
Johnston, Chancellor.
The authorities cited at the hearing o'f Yaughan v. Evans, 1 Hill C. R. 414, certainly left on my mind a strong impression that the mere exaction of a release from accepting creditors, would invalidate the assignment of an insolvent debtor. Under the influence of that impression, I put the defendant’s counsel to open the argument of this case. The result of a careful considerarion of all that was advanced on both sides, is a thorough conviction that such a position is unfounded, either on principle or decided cases.
I am happy to find, on a recurrence to Yaughan v. Evans,…
2Cases cited7 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Sands v. GelstonNew York Supreme Court · 1818
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Austin v. BellNew York Supreme Court · 1823
- M'Menomy v. FerrersNew York Supreme Court · 1808
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