Roddey v. Erwin
| Decision Date | 15 April 1889 |
| Citation | 9 S.E. 729,31 S.C. 36 |
| Parties | RODDEY et al. v. ERWIN. |
| Court | South Carolina Supreme Court |
Appeal from common pleas circuit court of York county; WITHERSPOON Judge.
The affidavits filed for the attachment were as follows;
No. 1. "James F. Reid, one of the plaintiffs above named, being duly sworn, says: (1) That William L. Erwin, the above-named defendant, is justly and truly indebted to said plaintiffs under their firm name of W. L. Roddey & Co., in the full sum of nine hundred and six dollars and forty-four cents, balance on account for goods and merchandise sold and delivered, and cash advanced by said plaintiffs to said defendant, between August 29, 1885, and October 20, 1887; also by a certain sealed note dated February 18, 1886, in the sum of ten dollars, with interest thereon at ten per cent per annum payable annually from date until paid; also by one certain sealed note dated May 26, 1886, in the sum of thirty dollars, with interest at ten per cent. per annum, payable annually from date until paid; also one certain sealed note dated June 31, 1887, in the sum of seventy one dollars and twenty cents, with interest at ten per cent. per annum, payable annually from October 31, 1887, until paid; and which said four several causes of action in favor of said plaintiffs against the said defendant will more fully appear by the sworn complaint in this action herto annexed, all the statements contained in which are true to the knowledge of the deponent. (2) That, as deponent is informed and believes, the said William L. Erwin is disposing of all his property, and converting the same into money, with the intention of leaving this state, and that he is so disposing of his property with the intention to defraud his creditors, and especially the said plaintiffs, and that the sources of deponent's information are as follows, to-wit: On November 3, 1887, deponent was informed by Dr. T. A. Crawford, at Rock Hill, that the said W. L. Erwin was disposing of all his property with the intention of leaving this state and going to Florida. That on November 4, 1887, deponent went out to the said W L. Erwin's place of residence, and saw him, and, upon being questioned by deponent, gave evasive answers as to his intention of leaving the state, and admitted that he had disposed of all his stock. He also alleged that he was unable to pay anything on plaintiffs' debts against him, and that everything he had had been attached by J. T. Sloan, (who is a brother-in-law of the said W. L. Erwin, and a resident of Florida,) and that he, the said W. L. Erwin, had nothing with which to pay. That deponent then in a few hours called upon the said J. T. Sloan, who admitted to deponent that he had obtained an attachment on the property of W. L. Erwin from W. S. Adams, trial justice, for two hundred and forty dollars; and also alleged that he had paid over to the said W. L. Erwin, in cash, within the last three weeks, over five hundred and seventy-five dollars, and that the said W. L. Erwin had also sold cotton within said time in which his (Erwin's) interest amounted to about six hundred dollars. That on November 4, 1887, deponent was told by James A. Erwin that he had purchased from the said W. L. Erwin his plantation in York county, and had settled for same in full a few days ago by assuming the payment of two mortgage debts covering said plantation, and by paying the balance by check on bank. That immediately after obtaining this information deponent returned to find the said W. L. Erwin, but was wholly unable to find him, and deponent verily believes that the said W. L. Erwin has disposed of the greater part of his property, and is about to dispose of the remainder, with the intent to defraud his creditors. (3) That the said plaintiffs have commenced an action in this court, by issuing the summons hereto annexed against the said defendant upon the said causes of action.
"J.F. REID."
No. 2. "Before me personally came James F. Reid, who, being duly sworn, deposes and says: (1) That he is a member of the firm of W. L. Roddey & Co., of Rock Hill, S.C. (2) That J. T. Sloan, a brother-in-law of William L. Erwin, on or about November 11, 1887, made an engagement with him to meet him, or the attorney of W. L. Roddey & Co., in Yorkville, S. C., on November 14, 1887, for the purpose of settling a claim the firm of W. L. Roddey & Co. had against the estate of W. G. Erwin. (3) That on November 14, 1887, he went to Yorkville to meet the said J. T. Sloan, but that he, the said J. T. Sloan, did not put in an appearance; and deponent further says that he has been reliably informed, and believes it to be true, that the said J. T. Sloan left this state for the state of Florida on the Sunday previous, November 13, 1887, by private conveyance.
"J. F. REID."
No. 3. "Personally appeared James F. Reid, one of the plaintiffs above named, and in addition to his affidavit in above case, made and filed in the office of the clerk of the court of common pleas on November 5, 1887, further makes oath that when on November 4, 1887, deponent questioned the defendant, William L. Erwin, as to his intention of leaving this state and going to Florida, he gave an evasive answer, by replying that he did not know what he was going to do. That on the next day, (November 5th,) when arrested by W. J. Neely, the deputy of R. H. Glenn, sheriff, in above case, he broke his arrest, and was recaptured in Columbia, South Carolina, which fully appears by the return of the said Neely, sworn to November 28, 1887, and now on file in the office of the clerk of the court. That the said William L. Erwin has since left the state, and deponent alleges that the object of the said Erwin in disposing of all his property, and converting it into money, and then leaving the state, was to defraud the plaintiffs above named. That the said Erwin had previously sold and conveyed all his interest in real estate, under his father's will, to his sister, Emily E. Sloan, the wife of J. T. Sloan, of Florida, as appears from deed recorded in the office of the register of mesne conveyances for York county in Book E, 6, p. 416, said real estate being located in said county. Said deed was executed in January, 1887, and on the same day the said Emily E. Sloan conveyed to the said W. L. Erwin one hundred and forty-seven acres of land in York county, which the said Erwin has since disposed of.
"J. F. REID."
No. 4. "Personally appeared T. A. Crawford, who makes oath, and says that on October 31, 1887, J. T. Sloan told him that W. L. Erwin had sold his property, and intended going with him, J. T. Sloan, to Florida; further, that he, the said J. T. Sloan, had an attachment on the crops of W. L. Erwin, then in the field. The said T. A. Crawford further deposes and says that on November 1, 1887, W. L. Erwin told him that he, W. L. Erwin, had sold all his property, and intended going to Florida with J. T. Sloan.
"T. A. CRAWFORD."
Wilson & Wilson, for appellants.
W. B. McCars and Hart & Hart, for respondent.
On November 5, 1887, the plaintiffs sued the defendant on several claims, amounting in the aggregate to something over $1,000, and at the same time the clerk of the court for York county, at the instance of the plaintiffs, and upon the affidavit of J. F. Reid, a member of the firm, issued an attachment against the defendant, alleging that he was disposing of his property and converting it into money with intent to leave the state and defraud his creditors. Certain perishable property of the defendant was attached and sold under the order of the court, by the sheriff, who was directed to hold the proceeds subject to the further order of the court. On December 14, 1887, this attachment was set aside upon defendant's motion, on the ground of the insufficiency of the affidavit on which it issued. On December 16, 1887, a second warrant of attachment in the same case was issued by the clerk upon additional affidavits of J. F. Reid, T. A. Crawford, and T. A. Robertson. Under this second warrant the aforesaid funds in the hands of the sheriff, ($272.52,) arising from the sale under the first warrant, were attached, and on December 24, 1887, the defendant moved before Judge WITHERSPOON to set aside this attachment also, on the grounds that it was irregularly and improvidently issued: (1) That the affidavits failed to set forth a cause of action; (2) that they failed to set forth facts within the personal knowledge of the affiants; (3) that they failed to state fully the sources of their information, or the facts upon which...
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