Legal Opinion

Johnston-Crews Co. v. Folk

Supreme Court of South Carolina

Decided February 27, 1922No. 10841Published

Before DeVore, J., Hampton, April, 1921. Action by Johnston-Crews Co. against Richie B. Folk et al. Judgment for plaintiff and defendants appeal. The decree of Judge DeVore was as follows: This matter comes before me on report of the referee herein. This is an action to declare invalid a deed from J. G. Folk to Richie B. Folk, nee Choven, as it affects the rights of plaintiff and other creditors in like situation and circumstance.

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Before DeVore, J., Hampton, April, 1921. Action by Johnston-Crews Co. against Richie B. Folk et al. Judgment for plaintiff and defendants appeal. The decree of Judge DeVore was as follows: This matter comes before me on report of the referee herein. This is an action to declare invalid a deed from J. G. Folk to Richie B. Folk, nee Choven, as it affects the rights of plaintiff and other creditors in like situation and circumstance. The deed in question is dated December 24, 1912, .and was recorded January 20, 1914. It purported to convey a one-third interest in 1,000 acres of land in Hampton…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

A creditor’s bill, seeking to have the Court declare invalid, so far as their claims are concerned, a certain deed executed by the debtor to a young woman (afterwards his wife), not recorded within the statutory period, and to subject the interest of the debtor to the payment of said claims. "

The following facts appeared: In the year 1912, J. G. Folk, the debtor, was a farmer near Brunson, S. C. He testified that the grantee of the deed, Miss Richie B. Chovin, had been a member of his family since she was 8 years old; that he lost…

2Cases cited42 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Hart Steel Co. v. Railroad Supply Co.Supreme Court of the United States · 1917
  3. Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  4. Prall v. PrallSupreme Court of Florida · 1909
  5. Bates v. BodieSupreme Court of the United States · 1918

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