Fallaw v. Oswald, Sheriff

The opinion of the Court was delivered by

Mr. Justice Fishburne.

The appellant, Mrs. Silla Fallaw, filed a suit to enjoin a sale of land under an execution against her husband. W. H. Fallaw, claiming that an undivided two-thirds interest in the land was purchased with her separate funds and under circumstances which created a resulting trust in her favor as against her husband. The judgment creditor, Jos. R. Nettles, as Receiver of stockholders’ liability of Peoples State Bank of South Carolina, and the levying officer, Sheriff Oswald of Rexington County, were made parties defendant.

The…