If any person, being insolvent, within ninety days before the making of any assignment by him of his property for the benefit of his creditors, with a view of giving a preference to any creditor or person having a claim against him or who is under any liability for him, procures or suffers any part of his property to be attached, sequestered or seized on execution or makes any payment, pledge, assignment, transfer or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer or conveyance of any part of his property, or to be benefited thereby or by such attachment, having reasonable cause to believe such person to be insolvent and that such attachment, sequestration, seizure, payment, pledge, assignment or conveyance is made in fraud of the provisions of this chapter, such attachment, sequestration, seizure, payment, pledge, assignment, transfer or conveyance so procured, suffered or made by such insolvent person shall be void and the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefited. Nothing, however, in this section shall be construed to invalidate any loan of actual value, or the security therefor, made in good faith, upon a security taken in good faith, on the occasion of the making of such loan, or any security bona fide made for advances.
HISTORY: 1962 Code Section 57-352; 1952 Code Section 57-352; 1942 Code Section 9107; 1932 Code Section 9107; Civ. C. '22 Section 5512; Civ. C. '12 Section 3733; Civ. C. '02 Section 2648; G. S. 2015; R. S. 2147; 1881 (17) 848.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 25 - Assignments For The Benefit Of Creditors
Section 27-25-10. Assignment by insolvent debtor.
Section 27-25-20. Preferential transactions within ninety days of assignment.
Section 27-25-30. Assignment for benefit of creditors; attack by creditor.
Section 27-25-40. Assignment for benefit of creditors; appointment of agents by creditors.
Section 27-25-50. Sales and transfers prior to appointment of agents.
Section 27-25-60. Calling creditors together.
Section 27-25-70. Procedure when assignees neglect or refuse to call creditors together.
Section 27-25-80. Election of agents.
Section 27-25-90. Rights and powers of agents.
Section 27-25-100. Effect of neglect or refusal of creditors to appoint agents.
Section 27-25-110. Appointment of umpire.
Section 27-25-120. Deposit of proceeds of sales.
Section 27-25-130. General powers of creditors.
Section 27-25-140. Statements of proceedings.
Section 27-25-150. Damages for failure to account or follow directions.