Gentry v. Lanneau
Supreme Court of South Carolina
Before Watts, J., Greenville, September, 1897. Action by Samuel C. Gentry, suing for himself and other creditors of Charles H. Lanneau, against Charles H. Lanneau, Autorinetto Lanneau, and Charles H. Lanneau, jr., to set aside conveyance of land. From judgment dismissing complaint, plaintiff appeals. Deeds of gift by one largely indebted are fraudulent as to his creditors: 1 McC., 518; 1 Hill Ch., 304; 5 Strob. L., 205; 2 N. & McC.,54; 14 Rich.
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Before Watts, J., Greenville, September, 1897. Action by Samuel C. Gentry, suing for himself and other creditors of Charles H. Lanneau, against Charles H. Lanneau, Autorinetto Lanneau, and Charles H. Lanneau, jr., to set aside conveyance of land. From judgment dismissing complaint, plaintiff appeals. Deeds of gift by one largely indebted are fraudulent as to his creditors: 1 McC., 518; 1 Hill Ch., 304; 5 Strob. L., 205; 2 N. & McC.,54; 14 Rich. L., 100; 97 U. S., 307. Rule as to subsequent creditors: 30 N. J. Eq., 211; Harp. Eq., 295; McC. Ch., 520; 19 Rich., 231; 16 S. W., 393; 2 Bail. L.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
1 In this action, a subsequent creditor seeks to set aside a voluntary deed by a debtor to his wife and son, which was duly recorded prior to the contraction of the debt. The general rule on this subject is thus stated in Jackson v. Plyler, 38 S. C., 498, by Chief Justice Mclver, speaking for the Court: “While it is unquestionably true that the mere fact that a deed is without consideration — a voluntary deed — will not render it fraudulent as to subsequent creditors, especially when they have notice; yet if, in addition to its being…
2Cited by5 opinions
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