Gibbes MacHinery Co. v. Roper
Supreme Court of South Carolina
Action by A. M. Gibbes, trading as Gibbes Machinery Co., against L,. B. Roper, Pocahontas Roper, D. D. McCall. T. E. McCall, C. S. McCall and A. G. Sinclair, executors of C. S. McCall. Erom Circuit decree, defendants, Pocahontas Roper and executors of C. S. McCall, appeal.
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Action by A. M. Gibbes, trading as Gibbes Machinery Co., against L,. B. Roper, Pocahontas Roper, D. D. McCall. T. E. McCall, C. S. McCall and A. G. Sinclair, executors of C. S. McCall. Erom Circuit decree, defendants, Pocahontas Roper and executors of C. S. McCall, appeal. The facts are thus stated in the report of S. W. G. S'bipp, special referee: “The complaint alleges that W. H. Gibbes was at one time engaged in business, trading as W. H. Gibbes & Co.; that on May 17th, 1902, the said W. H. Gibbes sold and the plaintiff purchased for value the business conducted under the name of W. H.…
1Opinion of the Court
April 23, 1907. The opinion of the Court was delivered by The appeal herein raises the question whether the plaintiffs are creditors for valuable consideration without notice under the recording statute.
The facts are fully set out in the report of S.W.G. Shipp, Esq., special referee, which was confirmed by his Honor, the Circuit Judge.
While these exceptions are numerous, the appellants have not discussed them in detail, as they are dependent upon the question whether the plaintiffs are creditors for value without notice.
The first assignment of error which will be considered is, whether the…
2Cases cited4 opinions
- Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
- Bates v. American Mortgage Co.Supreme Court of South Carolina · 1893
- American &c. Co. v. FelderSupreme Court of South Carolina · 1895
- Salinas v. TurnerSupreme Court of South Carolina · 1890