Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1899-05-27
SETTLED AT LAST.


Among the decisions handed down
by the supreme court this week, are
two of very considerable local interest.
The decisions refer 10 the following
cases
D. E. Finley, receiver, appellant, VS..
w. B. Moore and A. Y. Cartwright, re-
spondents.
D. E. Finley, receiver, respondent, vs..
Carrie J. Cartwright and A. Y. Cart
wright, appellants.
These actions involved the title OF
the property lying on the north side
of Cartwright avenue, and between
the deLoach Beatty lot and Kings
Mountain street, conveyed to A. Y.
Cartwright by the former owners in
October, 1898, at the price of s575.oo,
to be paid in January, 1894. He and
w. B. Moore had purchased it togeth'
or according to verbal understand
ing between them; but the grantors
did not know this, and so the deed
had been made to DR.. Cartwright
alone.
In January, 1894, within 80 days OF
the assignment of Cartwright & Com
pany, made to T. F. Mellow for the
benefit of creditors, and after that
firm was known to be insolvent, Cart
wright conveyed half interest to w.
B. Moore, upon Moore's advancing
half the purchase money then falling
due, according to the original agree
ment between them and ut the same
time be conveyed the other half inter-
est to his wife, having been advised
that his homestead exemption in lands
Isl, ,OOO would protect this transfer
The actions were brought by the re-
ceiver of A. Y. Cartwright & Compa-
nv to set those deeds aside on the
ground that the assignment act had
been violated-which act does not al
low any preferences or transfers within
80 days of an assignment, and with a
known insolvency existing.
The circuit judge (Klugh) sustain
ed the deed to Moore, because Cart
wright did nothing more than ne
ought to have done, in carrying out
his bargain with Moore, although
Moore could not have compelled him,
as there was no writing between them
on the subject; but he set the deed to
Mrs. Cartwright aside unless she would
pay the sum of 500 to the receiver ;
making the special finding that the
entire property was worth $4,000, (al-
though DR.. Cartwright had agreed to
pay only s575 three months before,)
because Cartwright avenue had been
opened, and the land had been cut up
into building lots, and some of the
lots bargained away at good prices
All within the three months.
The receiver appealed in the Moore
case, and Mrs. Cartwright appealed in
her case. The supreme court has just
handed down decision, in both cases
sustaining the decree in the Moore
case, and reversing the circuit decree
and dismissing the complaint in Mrs
Cartwright's case; and 30, after being
in doubt and dispute for over four
years, the deeds given by DR.. Cart.
wright to w. B. Moore and to Mrs.
Cartwright have been finally pro-
nounced valid, and free from the
claims of the creditors represented by
the receiver.
The appeal in Mrs. Cartwright's case
has drawn from the supreme court a
deliverance of vital interest to the cir
cult Judges and the lawyers and liti-
gants throughout the state. Since the
constitution of 1868, the court has been
allowing all findings of fact by the
circuit judges in equity cases to stand,
unless without evidence to sustain
them, or unless manifestly against the
weight of the evidence. Ever since
the constitution of 1895 there has been
an effort to get the court to hold that
under the language of the new consti-
tuition they should reverse the court
below whenever their own view of the
testimony should not concur with the
circuit judge-whsnever the finding
below is, in their Judgment, simply
against the preponderance of the evil
dence. But up to this appeal the
court, consisting of four members, have
been evenly divided. The appeal
pressed the point that Judge Klugh at
least found against the weight of the
evidence when he fixed the value OF
this property at 81, 200, or at any value
one-half of which would exceed ST.
900; and the decision distinctly set
ties the question that hereafter cir
cult judge must follow the weight of
the testimony as it will appear to the
supreme court when they review the