McElwee v. Kennedy
Supreme Court of South Carolina
Before Townsend, J., August, 1898. Action by Margaret A. McElwee against Eliza J. Kennedy and James R. Kennedy, Mary B. Pressley, J. A. Crawford, administrator of Eliz. J. McElwee, James L. Moss, W. Brown Wylie and Ida E. Wylie, to set aside certain deeds as frauds upon creditors.
Read the full summary
Before Townsend, J., August, 1898. Action by Margaret A. McElwee against Eliza J. Kennedy and James R. Kennedy, Mary B. Pressley, J. A. Crawford, administrator of Eliz. J. McElwee, James L. Moss, W. Brown Wylie and Ida E. Wylie, to set aside certain deeds as frauds upon creditors. The Circuit decree is as follows: This action was commenced September 28, 1897, to' vacate two deeds from James R. Kennedy to Eliza J. Kennedy, dated January 15th, 1896, and February 25th, 1896, respectively. The plaintiff, at the date of the commencement of this action, and all of the defendants above named, except…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff, as a judgment creditor of Kennedy Brothers & Barron, of which firm the defendant, James R. Kennedy, was a member, after nulla bona, brought this action to vacate two land deeds by the said James R. Kennedy to1 his wife, the defendant, Eliza J. Kennedy, as in fraud of plaintiff’s rights under the Statute of Elizabeth. The Circuit Court sustained both deeds as made upon good consideration and bona tide, and dismissed the complaint.
1 In reviewing the findings of fact by the Circuit Court in a cause in equity, it is now…
2Cited by13 opinions
- GILBERT v. McLEOD INFIRMARYSupreme Court of South Carolina · 1951
- Marquette Corporation v. PriesterDistrict Court, E.D. South Carolina · 1964
- Johnstone v. MatthewsSupreme Court of South Carolina · 1937
- South Carolina National Bank v. HalterCourt of Appeals of South Carolina · 1987
- Dova v. HancockSupreme Court of Florida · 1924
8 more not listed; retrieve them via the Exa API.