Earle v. Maxwell
Supreme Court of South Carolina
Before DanTzlER, J., Anderson, August, 1909. Action by C. B. Earle as trustee for creditors of E. B. Maxwell against E. B. Maxwell et al. Erom Circuit decree, defendant, Maxwell, appeals. cite.
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Before DanTzlER, J., Anderson, August, 1909. Action by C. B. Earle as trustee for creditors of E. B. Maxwell against E. B. Maxwell et al. Erom Circuit decree, defendant, Maxwell, appeals. cite. Interest of bankrupt is not transferable: 34 Ency., 397; 50 S. C., 208; 10 S. C., 387; 7 Ency., 475; 62 S. C., 487; 23 S. C., 387; 7 Ency., 476; 101 Fed., 233; 106 Fed. 670; 110 Fed., 145; 108 Fed., 520; 9 N. E., 184. Contingent remainder not subject of mortgage: 54 S. C., 423. cites: Bankrupt could transfer his interest that passes to trustee: Sec. 70a of Bankrupt Act; Rem. on Bkrcy., 540, 538, 539;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This appeal is- from a decree overruling a demurrer to a complaint, the material allegations of which may thus be stated: On the 24th of February, 1908, the defendant, F. B. Maxwell, made an assignment of all his property for the benefit of his creditors to J. M. Paget. Thereafter, on the 18th day of March, 1908, Maxwell was adjudged a bankrupt by the District Court of the United States, and Martin & Earle, a partnership composed of B. F. Martin and C. B. Earle, became trustee for the bankrupt estate. This action was originally…
2Cases cited12 opinions
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Delassus v. United StatesSupreme Court of the United States · 1835
- Roundtree v. RoundtreeSupreme Court of South Carolina · 1887
- Charleston & Western Car. Ry. Co. v. ReynoldsSupreme Court of South Carolina · 1904
- People's Loan & Exchange Bank v. GarlingtonSupreme Court of South Carolina · 1899
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