Legal Opinion

Gwynn v. Gwynn

Supreme Court of South Carolina

Decided November 11, 1889PublishedCited by 2 opinions

Before Kershaw, J., Spartanburg, October, 1888. Under action by Marie L. Gwynn against A. J. Gwynn and C. P. Sanders, assignee, to vacate a deed of assignment made by the plaintiff, a married woman, and the defendant, her husband, to his co-defendant, this court adjudged that the deed must stand, so far as it undertook to appropriate her separate property to the payment of debts for which she was legally bound; and the cause was remanded.

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Before Kershaw, J., Spartanburg, October, 1888. Under action by Marie L. Gwynn against A. J. Gwynn and C. P. Sanders, assignee, to vacate a deed of assignment made by the plaintiff, a married woman, and the defendant, her husband, to his co-defendant, this court adjudged that the deed must stand, so far as it undertook to appropriate her separate property to the payment of debts for which she was legally bound; and the cause was remanded. Givynn v. Gwynn, 27 S. C., 545. Upon its return to the Circuit, several creditors undertook to show that plaintiff was legally bound to pay them. Some of…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

After the decision of this court in this case, reported in 27 S. C., at page 525, the creditors of the plaintiff were called in to establish their demands. Amongst the claims presented under that order, was one in favor .of the National Bank of Spartanburg, evidenced by a note, of which the following is a copy:

“January 14, 1884. Twelve months after date I promise to pay to the order of A. J. Gwynn thirteen hundred dollars, value received, negotiable and payable at the National Bank of Spartanburg, S. C. If not paid at maturity,…

2Cited by2 opinions

  1. American Mortg. Co. of Scotland v. OwensCourt of Appeals for the Fourth Circuit · 1896
  2. Williamson v. YoumansSupreme Court of Georgia · 1911

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