Epworth Orphanage Of The South Carolina Conference v. Strange

• Citation: 155 S.E. 594
• Decision Date: 24 October 1930
• Docket Number: No. 13008.,13008.
• Parties: EPWORTH ORPHANAGE OF THE SOUTH CAROLINA CONFERENCE. v. STRANGE et al.
• Court: South Carolina Supreme Court

155 S.E. 594

EPWORTH ORPHANAGE OF THE SOUTH CAROLINA CONFERENCE.
v.
STRANGE et al.

No. 13008.

Supreme Court of South Carolina.

Oct. 24, 1930.

[155 S.E. 595]

Appeal from Common Pleas Circuit Court of Allendale County; C. C. Featherstone and T. S. Sease, Judges.

Action by the Epworth Orphanage of the South Carolina Conference (Methodist Episcopal Church, South) against M. F. Strange, the Federal Land Bank of Columbia, and another. From certain orders following reversal and remand by the Supreme Court (348 S. C. 500, 146 S. E. 414), the last-named defendant appeals.

Affirmed.

T. H. Moffatt, of Columbia, and Du Rant & Sneeden, of Manning, for appellant.

James M. Patterson and Searson & Searson, all of Allendale, for respondents.

STABLER, J.

On January 29, 1920, the defendant Strange purchased from the plaintiff, Epworth Orphanage, a tract of land for $3,038.-90, paying part in cash and securing the balance of the purchase money by a mortgage of the land. On September 7, 1922, no part of this indebtedness having been paid, Mrs. Strange, who owned other real estate, conveyed to her daughter, Olivia S. Palmer, defendant in this case, two tracts of land, one of which contained 259 acres; and at the same time she conveyed to her daughter, Alma S. Farmer, two other lots or tracts. On March 17, 1923, Mrs. Palmer borrowed from the Federal Land Bank of Columbia $2,200, securing the debt by a mortgage of the 259-acre tract. On August 3, 1923, the orphanage, having learned of the conveyances of Mrs. Strange to her daughters, instituted proceedings for the foreclosure of its mortgage. The land was sold, and a deficiency judgment of $1,044.16 was entered up against Mrs. Strange. Thereafter execution was issued and a nulla bona return made. On May 3, 1924, the plaintiff began this action against Mrs. Strange and Mrs. Palmer, and at the same time another against Mrs. Strange and Mrs. Farmer, for the purpose of having deeds declared fraudulent and void as to plaintiff and canceled of record. Mrs. Strange and Mrs. Palmer filed answers denying all allegations of fraud or fraudulent intent.

The land bank was not made a party when suit was instituted, but thereafter was brought in, on motion of counsel for the defendants, by order of Judge Townsend dated May 8, 1924. The complaint was then amended by adding the bank as a party and inserting a paragraph as follows:

"10. That the plaintiff is informed and believes that The Federal Land, Bank of Columbia has or claims some interest in or to some of the lands herein described and is made a party defendant that it...