Ex Parte City of Anderson v. Brown Bros
Supreme Court of South Carolina
Before Gage, J., Anderson, July, 1907. Petition by the City of Anderson et al., in re F. W. Wagener & Co. against Brown Brothers. From Circuit decree, Beulah Brown appeals. ■ statement of facts. This is an appeal from an order dissolving a temporary-injunction against the sale of one-half interest in the tract of land containing twenty-seven acres, formerly belonging to G. Ernest Brown.
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Before Gage, J., Anderson, July, 1907. Petition by the City of Anderson et al., in re F. W. Wagener & Co. against Brown Brothers. From Circuit decree, Beulah Brown appeals. ■ statement of facts. This is an appeal from an order dissolving a temporary-injunction against the sale of one-half interest in the tract of land containing twenty-seven acres, formerly belonging to G. Ernest Brown. The facts are thus stated in the decree of his Honor, the Circuit Judge: “F. W. Wagener & Co. secured a judgment against Brown Bros., 24th June, 1897, and were proceeding in June, 1907, to enforce the same by…
1Opinion of the Court
OPINION.
The opinion in this case was filed October 3, 1908, but held up on petition for a rehearing until
January 18, 1909. The opinion of the Court was delivered by There are no issues of fact, and under the agreement of counsel (as stated in the decree of his Honor, the Circuit Judge), the only question is, whether F.W. Wagener Co. were creditors for value without notice under the recording acts.
In his decree the Circuit Judge gives his reasons why F. W. Wagener Co. did not have notice as follows: "It is contended by plaintiffs that in June, 1887, when Beulah took the deed, she went into…
2Cases cited4 opinions
- Hodges v. KohnSupreme Court of South Carolina · 1903
- Daniel v. HesterSupreme Court of South Carolina · 1888
- Gregory v. DuckerSupreme Court of South Carolina · 1889
- Ellis v. YoungSupreme Court of South Carolina · 1889
3Cited by1 opinion
- Ducker v. Standard Supply Co., Inc.Supreme Court of South Carolina · 1984