Finley v. Moore
Supreme Court of South Carolina
Before Klugh, J., York, April, 1898. Action to set aside conveyance by D. E. Finley, as receiver of A. Y. Cartwright & Co., and of A. Y. Cartwright and W. M. Allison as individuals, against Walter B. Moore and A. Y. Cartwright.
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Before Klugh, J., York, April, 1898. Action to set aside conveyance by D. E. Finley, as receiver of A. Y. Cartwright & Co., and of A. Y. Cartwright and W. M. Allison as individuals, against Walter B. Moore and A. Y. Cartwright. From judgment dismissing complaint, plaintiff appeals. cites: Error to admit parol testimony to shozv different consideration than that expressed in deed: 53 S. C, 483; 42 S. C., 8; 31 S. C, 259. Assignment act zvas not directed against frauds, but against preferences: Rev. Stat., 2146, 2147; 23 S. C., 396, 426; 32 S. C, 494. In absence of allegation of fraud it is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Appellant seeks to set aside as void, under the assignment act, section 2147, Revised Statutes, a deed by defendant, Cartwright, to defendant, Moore, of an undivided half interest in a lot within the corporate limits of Yorkville, on the ground that said deed was executed by an insolvent debtor to his creditor, who had knowledge of the debtor’s insolvency, xvith a view to give an unlawful preference, and within ninety days previous to the making of an assignment for the benefit of creditors. The facts found by the Circuit Judge are as…
2Cited by4 opinions
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