Coleman v. Daniel

199 S.E.2d 74, 261 S.C. 198, 1973 S.C. LEXIS 238
CourtSupreme Court of South Carolina
DecidedSeptember 5, 1973
Docket19689
StatusPublished
Cited by23 cases

This text of 199 S.E.2d 74 (Coleman v. Daniel) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. Daniel, 199 S.E.2d 74, 261 S.C. 198, 1973 S.C. LEXIS 238 (S.C. 1973).

Opinions

Littlejohn, Justice:

The plaintiff, Moseley C. Coleman, is the owner of two deficiency judgments procured May 30, 1966, against the defendant Linzie L. Rogers, and against his son, L. M. Rogers, known as Buddy Rogers. Coleman brings this action as a creditor of defendant Linzie Rogers, under South Carolina Code, § 57-301 (1962).

The complaint alleges that a deed dated October 26, 1964, to 198 acres of land, executed by Linzie Rogers to his daughter, Annie Margaret Rogers Daniel, and to her husband, James D. Daniel, II, both of whom are also defendants, was a fraudulent conveyance for the purpose of evading the payment of debts. This deed conveyed practically all of Linzie Roger’s assets. The prayer for relief in the complaint was as follows:

“1. That said conveyance be adjudged and declared fraudulent and void and of none effect as to the judgments held by the plaintiff.

“2. That the tracts of land aboye described be adjudged to be subject to the liens of the plaintiff’s judgments and that the same be foreclosed and satisfied by the sale of said lands by judicial sale as provided by law.

“3. That the judgments of the plaintiff and such other claims as may be adjudged as liens upon said tracts of land [201]*201be paid from the proceeds in the order of priority, and the balance to the defendants, L. L. Rogers, James D. Daniel and Annie Margaret R. Daniel, as the Court may direct.

“4. For such other and further relief as to the Court may seem just and proper.”

The complaint does not ask that the deed be declared absolutely void as between the grantor and the grantee.

The action was tried before a special referee, who recommended that the court deny relief and dismiss the complaint. The plaintiff excepted to the referee’s report; the circuit judge adopted the recommendations of the referee and dismissed the action. Coleman has appealed from that order. This case has been before this Court heretofore. See Coleman v. Daniel et al., 253 S. C. 363, 170 S. E. (2d) 665. A related matter has also been before this Court.

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Bluebook (online)
199 S.E.2d 74, 261 S.C. 198, 1973 S.C. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-daniel-sc-1973.