reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-80. Advertising land for sale; terms of sale.

As soon as the Secretary of State shall receive the process in Section 27-19-70 mentioned, he shall advertise the sale of such lands in a newspaper of the county or other nearest gazette and also in the most public places of the county in which the lands lie, giving six weeks' public notice, on a credit of twelve months, payable in lawful money. He shall, moreover, take good and sufficient surety and a mortgage of the premises before the title shall be altered or changed.
HISTORY: 1962 Code Section 57-200.8; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-90. Division of land into tracts for sale.

When any such lands shall exceed six hundred acres and can be divided into smaller tracts with advantage to the State in the sale thereof, the Secretary of State shall cause them to be divided in such manner as shall be most beneficial to the State.
HISTORY: 1962 Code Section 57-200.9; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-100. Land may be bid in or purchased by Department of Administration; disposition of such lands.

At any sale of escheated property, if, in his judgment, the property is being sold at a sacrifice, the Secretary of State may buy the land for the Department of Administration or cause it to be so bid in and, upon payment of the costs accrued thereon, may cause the title deed to be made therefor as escheated property to the Department of Administration which shall rent or sell the property in such manner, at such time and upon such terms as, in its judgment, shall be for the best interests of the State and apply the proceeds thereof as directed in Section 27-19-340.
HISTORY: 1962 Code Section 57-200.10; 1972 (57) 2501.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-110. Compensation of person making good title to land within five years.

If any person shall appear within five years and make good title to such lands in the court of common pleas on an issue tried, he shall forthwith receive adequate compensation.
HISTORY: 1962 Code Section 57-200.11; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-120. Estates of felons shall not escheat.

No property shall be vested in the State or any inquisition had by the escheator when any person shall have committed or may commit any felony against the State but such property shall descend to, and be vested in, the representatives of such person.
HISTORY: Former 1976 Code Section 21-1-20 [1962 Code Section 19-2; 1952 Code Section 19-2; 1942 Code Section 8859; 1932 Code Section 8859; Civ. C. '22 Section 5621; Civ. C. '12 Section 4094; Civ. C. '02 Section 2993; G. S. 2314; R. S. 2452; 1787 (5) 48] redesignated as Section 27-19-120 by 1986 Act No. 539, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-210. Secretary of State or Attorney General may sue for and recover moneys or personal property in hands of executor or administrator.

When any moneys or other personal estate shall be found in the hands of an executor or administrator, being the property of any person deceased leaving no person entitled to claim and without making disposition of them, the Secretary of State or the Attorney General, on behalf of the State, shall sue for and recover and pay any moneys so recovered into the State Treasury.
HISTORY: 1962 Code Section 57-210.1; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-220. Advertising of moneys or property; vesting of property in State.

The State Treasurer shall advertise such moneys or other personal property in some newspaper once in every month for six months in like manner as lands are herein directed to be advertised, and if no person shall appear and make good title to such personal estate within two years thereafter other than as executor or administrator or their legal representatives, then such moneys or other personal estate shall become vested in and applied to the use of the State.
HISTORY: 1962 Code Section 57-210.2; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-230. Personal property of inmates dying in the Charleston Home.

If any inmate of the Charleston Home die intestate leaving money or personal property, no one making claim for it within two years after the death of such inmate, such money or personal property shall become the property of the Home, to be expended by the board of commissioners for improvements and repairs of the premises of the Home.
HISTORY: 1962 Code Section 57-210.3; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-310. Duties of escheator devolved upon Secretary of State as agent of Department of Administration.

The duties of escheator are devolved upon the Secretary of State as agent of the Department of Administration and as escheator the Secretary of State shall act under the direction and control of the Department of Administration and, under the direction of the department, may use such of the funds and the services of such subagents of the department as in its discretion may be necessary to efficiency in discovering, renting, litigating and realizing money from escheated lands under existing law.
HISTORY: 1962 Code Section 57-220.1; 1972 (57) 2501.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-320. Purchase of land by Secretary of State prohibited; penalties.

The Secretary of State shall not, directly or indirectly, either by himself or any person whomsoever, purchase or be concerned with any person in purchasing any escheated lands, without being subject and liable to the payment of five thousand dollars, to be sued for and recovered in any court of record, one half for the benefit of the informer, who shall sue for and recover such penalty, and the other half to be applied to the use of the State. And such Secretary of State shall also be rendered incapable of holding or exercising any office of trust or emolument therein.
HISTORY: 1962 Code Section 57-220.2; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-330. Assessment of costs and charges.

When any person shall appear and make title to lands or personal estate, after office found by the jury, the court may assess such reasonable costs and charges as the Secretary of State has sustained in promoting the claim of the State.
HISTORY: 1962 Code Section 57-220.3; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-340. Disposition of proceeds of escheats.

The Secretary of State shall turn over to the State Treasurer the net proceeds of escheats after deducting and retaining therefrom for the benefit of the Sinking Fund so much money as in the opinion of the State Department of Administration will reimburse the Sinking Fund for moneys and agents' services used and advanced as aforesaid and also any other expense necessarily incurred in executing the law and protecting the interest of the State in the matter of escheats. Costs and expenses incurred as aforesaid on account of agents' services and money advanced or otherwise in one case may be deducted and retained from the proceeds of any other case of escheatment in the discretion of the State Department of Administration.
HISTORY: 1962 Code Section 57-220.4; 1972 (57) 2501.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-350. Rights of persons under disability or absent from United States.

Nothing herein contained shall prejudice the rights of individuals having legal title and who may be under the disabilities of infancy or lunacy or beyond the limits of the United States until three years after such disabilities shall be removed.
HISTORY: 1962 Code Section 57-220.6; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-360. Reports of Secretary of State and Department of Administration.

A report shall be made annually by the Secretary of State, to be included in his annual report, showing the receipts and payments under the provisions of this chapter in each case of escheat, with the items thereof. In case any escheated property be purchased by the State Department of Administration, its annual report shall show all resales of such property and all income, rents and profits derived from such property while held by the department.
HISTORY: 1962 Code Section 57-220.7; 1972 (57) 2501.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-370. Liability of Secretary of State for misconduct or fraudulent practices.

If the Secretary of State shall fail to do his duty, as herein directed, on behalf of the State and any loss or damage shall accrue to the State by his misconduct or fraudulent practices, he shall be responsible for all such loss or damage and the court of common pleas may order a prosecution in the name of the State. A jury shall try the fact and assess the damage and, upon conviction, such Secretary of State shall be incapable forever thereafter from holding or exercising any office of trust or profit within this State.
HISTORY: 1962 Code Section 57-220.8; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-380. Application of chapter.

Every part of this chapter and the mode herein prescribed for recovering and appropriating real and personal property escheated to the State shall be pursued and observed when any person shall hereafter die without an heir or become divested thereof by operation of law without leaving any legal representative.
HISTORY: 1962 Code Section 57-220.5; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 19 - Escheat Of Land And Personal Property › Section 27-19-390. Chapter complementary to Uniform Disposition of Unclaimed Property Act.

The provisions of this chapter are complementary to and not in derogation of the "Uniform Disposition of Unclaimed Property Act" as contained in the permanent provisions of Chapter 18 of this title. All personal property for which provision is made in that chapter shall be disposed of as therein provided and the Secretary of State is relieved of all responsibility assigned to him in this chapter for such property.
HISTORY: 1962 Code Section 57-220.9; 1972 (57) 2501.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 21 - Disposition Of Confiscated And Stolen Property › Section 27-21-10. Sales of confiscated property; records thereof; disposition of proceeds.

The sheriff of each county of this State shall sell at public auction at the courthouse of his county all barrels and other things of value confiscated by him and his deputies. At least seven days' notice shall be given by the sheriff prior to any such sale, such notice to be posted in the sheriff's office and on the bulletin board in the courthouse. All barrels and other things of value shall be sold for cash, at auction, called and conducted by the sheriff, the highest bidder to receive the property in each instance. The sheriff shall keep a record of such property confiscated and a record of all property sold, showing the amount received for it and the name of the purchaser. All funds derived from such sales shall be turned over to the treasurer of the county and credited to the general funds.
HISTORY: 1962 Code Section 57-241; 1952 Code Section 57-241; 1942 Code Section 3542-1; 1941 (42) 149.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 21 - Disposition Of Confiscated And Stolen Property › Section 27-21-20. Property recovered by sheriff or police chief; ascertaining and notifying owner; disposition where owner not found; records.

(A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained, the sheriff or chief of police must notify its owner as provided by subsection (B).
(B) A sheriff or chief of police must provide notice:
(1) within fifteen days;
(2) by registered mail, return receipt requested;
(3) describing the property and including an identifying serial number if available; and
(4) advising the owner that the property may be sold at auction pursuant to Section 27-21-22 if not reclaimed within sixty days of mailing of the notice.
(C) If after diligent efforts the owner of the property cannot be ascertained or if the property is not reclaimed or sold at public auction, the sheriff of a county or chief of police of a municipality may dispose of any recovered stolen or abandoned property as provided in this subsection.
(1) Property that is not suitable for sale, including, but not limited to, clothing, food, prescription drugs, weapons, household cleaning products, chemicals, or items that appear nonusable, including, but not limited to:
(a) electric components that appear to have been skeletonized, where parts have been removed and are no longer in working order; or
(b) items that have been broken up and only pieces exist may be destroyed by the jurisdiction holding the property.
(2) The sheriff or chief of police may use any property recovered by his jurisdiction if the property is placed on the jurisdiction's inventory as property of the jurisdiction.
(3) The sheriff or chief of police, with the consent of the appropriate governing body, may turn over to any organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986, items of abandoned or recovered property that may be used for the betterment of that organization. However, the accrued value of the items given to an individual organization as provided above by a sheriff or chief of police shall not exceed a value of one thousand dollars in the respective government entity's fiscal year.
(D) A jurisdiction recovering property pursuant to the provisions of this section shall maintain a permanent record of all property recovered and its disposition.
HISTORY: 1962 Code Section 57-245; 1959 (51) 390; 1982 Act No. 291, Section 1; 1992 Act No. 405, Section 1; 1993 Act No. 148, Section 1; 2002 Act No. 195, Section 4; 2008 Act No. 279, Section 15, eff October 1, 2008.
Effect of Amendment
The 2008 amendment, in subsection (A), substituted "by subsection (B)" for "in Section 56-5-5630"; and rewrote subsection (B).
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 21 - Disposition Of Confiscated And Stolen Property › Section 27-21-22. Sale of recovered property.

A sheriff, police chief, or a designee may sell at public auction recovered property not reclaimed as provided by Section 27-21-20. At least ten days prior to the sale, the property must be advertised by publication in a local newspaper of general circulation where the property will be sold. A notice by publication may contain multiple listings of property to be sold.
HISTORY: 2008 Act No. 279, Section 14, eff October 1, 2008.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 21 - Disposition Of Confiscated And Stolen Property › Section 27-21-25. Use of certain drug paraphernalia by public schools or institutions of higher learning in science programs or courses.

Notwithstanding the provisions of Section 27-21-20 of the 1976 Code or any other provision of law, if any glassware or other drug paraphernalia which is unclaimed and which would be useful in a science laboratory is recovered pursuant to Section 27-21-20, it must be made available first to the public schools and second to the public institutions of higher learning in the State for use in their science programs or courses before it may be sold at public auction or otherwise disposed of in accordance with that section.
HISTORY: 1992 Act No. 405, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 21 - Disposition Of Confiscated And Stolen Property › Section 27-21-30. Recovery by owner of net proceeds or property.

At any time within one year after the sale of any abandoned or recovered stolen property as provided for in Section 27-21-20, the true owner may apply to the sheriff and after proper identification and proof of claim recover the net sum received from the sale, after necessary expenses are deducted. The property itself may be recovered after proper identification and proof of claim if such claim is made prior to sale. After the lapse of one year after sale the net sum received for the abandoned property shall be placed in the general fund of the county.
HISTORY: 1962 Code Section 57-246; 1959 (51) 390.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-10. Conveyances to defraud creditors; transfers of income and property to avoid paying child support.

(A) Every gift, grant, alienation, bargain, transfer, and conveyance of lands, tenements, or hereditaments, goods and chattels or any of them, or of any lease, rent, commons, or other profit or charge out of the same, by writing or otherwise, and every bond, suit, judgment, and execution which may be had or made to or for any intent or purpose to delay, hinder, or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties, and forfeitures must be deemed and taken (only as against that person or persons, his or their heirs, successors, executors, administrators and assigns, and every one of them whose actions, suits, debts, accounts, damages, penalties, and forfeitures by guileful, covinous, or fraudulent devices and practices are, must, or might be in any ways disturbed, hindered, delayed, or defrauded) to be clearly and utterly void, frustrate and of no effect, any pretense, color, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding.
(B) A showing of two or more of the following creates a rebuttable presumption that a child support debtor intended to transfer income or property to avoid payment to a child support creditor:
(1) a close relationship between the transferor and transferee;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer or obligation was not disclosed or was concealed;
(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) the transfer was substantially all of the debtor's assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was not reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or after a substantial debt was incurred; and
(11) there was a departure from the usual method of business.
HISTORY: 1962 Code Section 57-301; 1952 Code Section 57-301; 1942 Code Section 8696; 1932 Code Section 8696; Civ. C. '22 Section 5218; Civ. C. '12 Section 3455; Civ. C. '02 Section 2369; G. S. 1786; R. S. 1888; 1712 (2) 697; 1997 Act No. 71, Section 40.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-20. Conveyances to deceive purchasers.

Every conveyance, grant, charge, lease, estate, encumbrance and limitation of use or uses of, in or out of any lands, tenements or other hereditaments whatsoever which may be had or made for the intent and of purpose to defraud and deceive such person or persons, bodies politic or corporate, as shall purchase in fee simple, fee tail, for life, lives or years such lands, tenements and hereditaments, or any part and parcel thereof, or to defraud and deceive such as have or shall purchase any rent, profit or commodity in or out of the same, or any part thereof, shall be deemed and taken (only as against such person and persons, bodies politic and corporate, his and their heirs, successors, executors, administrators and assigns and against all and every other person and persons lawfully having or claiming by, from or under them, or any of them, which shall have so purchased, for money or other good consideration such lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of them) to be utterly void, frustrate and of no effect, any pretense, color, feigned consideration or expressing of any use or uses to the contrary notwithstanding.
HISTORY: 1962 Code Section 57-302; 1952 Code Section 57-302; 1942 Code Section 8697; 1932 Code Section 8697; Civ. C. '22 Section 5219; Civ. C. '12 Section 3456; Civ. C. '02 Section 2370; G. S. 1787; R. S. 1889; 1712 (2) 499.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-30. Punishment of parties to fraudulent conveyances.

All parties to such feigned, covinous and fraudulent gifts, grants, leases, charges or conveyances, or being privy to and knowing of them, or any of them, who shall wittingly or willingly put in use, avow, maintain, justify or defend them, or any of them, as true, simple and done, had or made bona fide or upon good consideration, of or to the disturbance or hindrance of the purchaser or purchasers, lessees or grantees, their heirs, successors, executors, administrators or assigns or such as have or shall lawfully claim anything by, from or under them, or any of them, shall incur the penalty and forfeiture of one year's value of such lands, tenements and hereditaments so purchased or charged, the one moiety whereof shall be for the use of the State and the other moiety to the party or parties grieved by such feigned and fraudulent gift, grant, lease, conveyance, encumbrance or limitation of use, to be recovered by action in any court of competent jurisdiction; and also, being thereof lawfully convicted, shall suffer imprisonment for one-half year.
HISTORY: 1962 Code Section 57-303; 1952 Code Section 57-303; 1942 Code Section 8698; 1932 Code Section 8698; Civ. C. '22 Section 5220; Civ. C. '12 Section 3457; Civ. C. '02 Section 2371; G. S. 1788; R. S. 1890; 27 Eliz., c. 4; 1712 (2) 500; 13 Eliz., c. 5; 1712 (2) 497.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-40. Conveyances upon good consideration.

Nothing contained in Sections 27-23-10 to 27-23-30 shall extend or be construed to impeach, defeat, make void or frustrate any conveyance, assignment of lease, assurance, grant, charge, lease, estate, interest or limitation of use or uses of, in, to or out of any lands, tenements or hereditaments at any time had or made upon or for good consideration and bona fide to any person or body politic or corporate, anything mentioned to the contrary notwithstanding.
HISTORY: 1962 Code Section 57-304; 1952 Code Section 57-304; 1942 Code Section 8699; 1932 Code Section 8699; Civ. C. '22 Section 5221; Civ. C. '12 Section 3458; Civ. C. '02 Section 2372; G. S. 1789; R. S. 1891; 1712 (2) 500; 1712 (2) 498.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-50. Leases, estates, or interests assigned, granted or surrendered by parol.

No leases, estates or interests, either of freehold, term of years or uncertain interests, of, in, to or out of any lands, tenements or hereditaments shall at any time be assigned, granted or surrendered, unless it be by deed or note, in writing signed by the party so assigning, granting or surrendering them, or his agent thereunto lawfully authorized by writing or by act and operation of law.
HISTORY: 1962 Code Section 57-305; 1952 Code Section 57-305; 1942 Code Section 7043; 1932 Code Section 7043; Civ. C. '22 Section 5515; Civ. C. '12 Section 3736; Civ. C. '02 Section 2651; G. S. 2018; R. S. 2150; 1712 (2) 545.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-60. Force and effect of parol leases.

All estates, interests of freehold or terms of years, and any uncertain interests of, in, to or out of any lands, tenements or hereditaments, made or created by livery or seizin only or by parol and not put in writing and signed by the parties so making or creating them, or their agents thereunto lawfully authorized by writing, shall have the force and effect of estates at will only and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect, any consideration for making any such parol lease or estate or any former law or usage to the contrary notwithstanding, except leases not exceeding the term of one year from the time of entry whereupon the rent reserved to the landlord during such term shall amount unto two-thirds parts, at least, of the full improved value of the thing demised.
HISTORY: 1962 Code Section 57-306; 1952 Code Section 57-306; 1942 Code Section 7042; 1932 Code Section 7042; Civ. C. '22 Section 5514; Civ. C. '12 Section 3735; Civ. C. '02 Section 2650; G. S. 2017; R. S. 2149; 29 C. 2, c. 3; 1712 (2) 545.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-70. Validity of parol gifts.

No parol gift of any chattel shall be valid against subsequent creditors, purchasers or mortgagees, except when the donee shall live separate and apart from the donor and actual possession shall, at the time of the gift, be delivered to and remain and continue in the donee, his executors, administrators or assigns.
HISTORY: 1962 Code Section 57-307; 1952 Code Section 57-307; 1942 Code Section 7046; 1932 Code Section 7046; Civ. C. '22 Section 5518; Civ. C. '12 Section 3739; Civ. C. '02 Section 2654; G. S. 2021; R. S. 2153; 1833 (6) 483.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 23 - Parol, Fraudulent, And Other Void Gifts Or Conveyances › Section 27-23-90. Land conveyed with condition or the like and afterwards sold, first conveyance void.

If any person shall make any conveyance, gift, grant, demise, charge, limitation of use or uses or assurance of, in or out of any lands, tenements or hereditaments with any clause, provision, article or condition of revocation, determination or alteration at his will or pleasure of such conveyance, assurance, grant, limitation of uses or estates of, in or out of such lands, tenements, or hereditaments or of, in or out of any part or parcel of them, contained or mentioned in writing, deed or indenture of such assurance, conveyance, grant or gift, and, after such conveyance, grant, gift, demise, charge, limitation of uses or assurance so made or had, shall bargain, sell, demise, grant, convey or charge such lands, tenements or hereditaments, or any part or parcel thereof, to any person or body politic and corporate, for money or other good consideration paid or given (such first conveyance, assurance, gift, grant, demise, charge or limitation not by him revoked, made void or altered according to the power and authority reserved or expressed unto him in or by such secret conveyance, assurance, gift or grant), then the former conveyance, assurance, gift, demise or grant, as touching such lands, tenements and hereditaments so after bargained, sold, conveyed, demised or charged, against such bargainees, vendees, lessees, grantees and every of them, their heirs, successors, executors, administrators and assigns, and against every person who shall lawfully claim anything by, from or under them or any of them, shall be deemed, taken and adjudged to be void, frustrate and of no effect; provided, that no lawful mortgage made bona fide and without fraud or covin, upon good consideration, shall be impeached or impaired by force of anything in this chapter contained.
HISTORY: 1962 Code Section 57-309; 1952 Code Section 57-309; 1942 Code Section 8700; 1932 Code Section 8700; Civ. C. '22 Section 5222; Civ. C. '12 Section 3459; Civ. C. '02 Section 2373; G. S. 1790; R. S. 1892; 1712 (2) 500.
2023 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.

Any assignment by an insolvent debtor of his property for the benefit of his creditors in which any preference or priority is given to any creditor or creditors of the debtor by the terms of the assignment over any other creditor or creditors, other than as to any debts due to the public, or in which any provision or disposition of the property so assigned is made or directed other than that it be distributed among all creditors of the insolvent debtor equally, in proportion to the amount of their several demands and without preference or priority of any kind whatsoever, save only as to debts due to the public and save only as to such creditors as may accept the terms of such assignment and execute a release of their claim against the debtor, and except as hereinafter provided, shall be absolutely null and void and of no effect whatsoever.
HISTORY: 1962 Code Section 57-351; 1952 Code Section 57-351; 1942 Code Section 9106; 1932 Code Section 9106; Civ. C. '22 Section 5511; Civ. C. '12 Section 3732; Civ. C. '02 Section 2647; G. S. 2014; R. S. 2146; 1882 (18) 847.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-20. Preferential transactions within ninety days of assignment.

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.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-30. Assignment for benefit of creditors; attack by creditor.

Whenever any debtor shall assign his property for the benefit of his creditors, any creditor of such debtor, either by simple contract, specialty or in any other manner, may institute proceedings against the debtor, or the assignee named in the assignment, or both, or any other person properly party thereto, either to attack and set aside the deed of assignment or to enforce the provisions thereof, or for any other purpose whatever, without first obtaining and entering up judgment against the debtor upon the claim or demand so held by the creditor.
HISTORY: 1962 Code Section 57-353; 1952 Code Section 57-353; 1942 Code Section 9108; 1932 Code Section 9108; Civ. C. '22 Section 5513; Civ. C. '12 Section 3734; Civ. C. '02 Section 2649; G. S. 2016; R. S. 2148; 1882 (18) 848.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-40. Assignment for benefit of creditors; appointment of agents by creditors.

Whenever any debtor shall assign his property for the benefit of his creditors, the creditors may name and appoint an agent or agents, equal in number to the assignees, to act in their behalf jointly with the assignee or assignees named and appointed by the assignor.
HISTORY: 1962 Code Section 57-354; 1952 Code Section 57-354; 1942 Code Section 9097; 1932 Code Section 9097; Civ. C. '22 Section 5502; Civ. C. '12 Section 3723; Civ. C. '02 Section 2638; G. S. 2005; R. S. 2137; 1828 (6) 365.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-50. Sales and transfers prior to appointment of agents.

Except as otherwise provided, all sales and transfers of property made by the assignee or assignees prior to the appointment of the agent or agents of the creditors are hereby declared void and of no effect.
HISTORY: 1962 Code Section 57-355; 1952 Code Section 57-355; 1942 Code Section 9098; 1932 Code Section 9098; Civ. C. '22 Section 5503; Civ. C. '12 Section 3724; Civ. C. '02 Section 2639; G. S. 2006; R. S. 2138; 1828 (6) 365.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-60. Calling creditors together.

The assignee or assignees, within ten days after the execution of the deed of assignment, shall call the creditors together to proceed to the appointment of their agent or agents.
HISTORY: 1962 Code Section 57-356; 1952 Code Section 57-356; 1942 Code Section 9098; 1932 Code Section 9098; Civ. C. '22 Section 5503; Civ. C. '12 Section 3724; Civ. C. '02 Section 2639; G. S. 2006; R. S. 2138; 1828 (6) 365.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-70. Procedure when assignees neglect or refuse to call creditors together.

If the assignee or assignees delay, neglect or refuse to assemble the creditors within the time herein prescribed and limited, the creditors may meet and appoint their agent or agents; and the agent or agents, on application to and by order of the judge of the court of common pleas, shall take into their hands and possession all the property assigned and of which the assignee would by law be entitled to the possession and shall sell and dispose of it agreeably to the deed of assignment.
HISTORY: 1962 Code Section 57-357; 1952 Code Section 57-357; 1942 Code Section 9099; 1932 Code Section 9099; Civ. C. '22 Section 5504; Civ. C. '12 Section 3725; Civ. C. '02 Section 2640; G. S. 2007; R. S. 2139; 1828 (6) 365.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-80. Election of agents.

In the appointment of the agent or agents, the majority in amount of the debts represented by the creditors present at the meeting shall govern.
HISTORY: 1962 Code Section 57-358; 1952 Code Section 57-358; 1942 Code Section 9100; 1932 Code Section 9100; Civ. C. '22 Section 5505; Civ. C. '12 Section 3726; Civ. C. '02 Section 2641; G. S. 2008; R. S. 2140; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-90. Rights and powers of agents.

The agent or agents so appointed shall have equal power and authority with the assignee or assignees to sell and dispose of the property assigned and distribute and pay the proceeds, according to the intent and provisions of the deed of assignment. All sales, hypothecations or other transfers of property, whether real or personal, shall be void and null unless made with the consent and concurrence of the assignee or assignees and agent or agents, or a majority of them, and should the assignee or assignees and agent or agents be equally divided on any question such question shall be decided by an umpire appointed as provided in Section 27-25-110.
HISTORY: 1962 Code Section 57-359; 1952 Code Section 57-359; 1942 Code Section 9100; 1932 Code Section 9100; Civ. C. '22 Section 5505; Civ. C. '12 Section 3726; Civ. C. '02 Section 2641; G. S. 2008; R. S. 2140; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-100. Effect of neglect or refusal of creditors to appoint agents.

Should the creditors refuse or neglect to appoint an agent or agents within ten days after they have been called together by the assignee or assignees, the assignee or assignees may forthwith proceed to sell or otherwise dispose of the assigned effects, without the concurrence of the creditors.
HISTORY: 1962 Code Section 57-360; 1952 Code Section 57-360; 1942 Code Section 9101; 1932 Code Section 9101; Civ. C. '22 Section 5506; Civ. C. '12 Section 3727; Civ. C. '02 Section 2642; G. S. 2009; R. S. 2141; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-110. Appointment of umpire.

In case of disagreement between the assignee or assignees and agent or agents, any of the judges of the courts of common pleas, at chambers, shall, on application of either of the parties, decide and, if deemed necessary, name and appoint an umpire to act jointly with the assignee or assignees and agent or agents.
HISTORY: 1962 Code Section 57-361; 1952 Code Section 57-361; 1942 Code Section 9103; 1932 Code Section 9103; Civ. C. '22 Section 5508; Civ. C. '12 Section 3729; Civ. C. '02 Section 2644; G. S. 2011; R. S. 2143; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-120. Deposit of proceeds of sales.

The proceeds arising from the sales of the property assigned shall be deposited for safekeeping in a national bank within the State or some banking institution incorporated by the State, in the joint names of the assignee or assignees and agent or agents and subject to their joint drafts.
HISTORY: 1962 Code Section 57-362; 1952 Code Section 57-362; 1942 Code Section 9102; 1932 Code Section 9102; Civ. C. '22 Section 5507; Civ. C. '12 Section 3728; Civ. C. '02 Section 2643; G. S. 2010; R. S. 2142; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-130. General powers of creditors.

The creditors or such committee as they may appoint may direct and prescribe the time and mode of selling and the terms of sale or order a distribution of the assets on hand, and a final closing of the concern. And, in case of need, they may revoke and dismiss their agent or agents and name and appoint another or others in their stead.
HISTORY: 1962 Code Section 57-363; 1952 Code Section 57-363; 1942 Code Section 9104; 1932 Code Section 9104; Civ. C. '22 Section 5509; Civ. C. '12 Section 3730; Civ. C. '02 Section 2645; G. S. 2012; R. S. 2144; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-140. Statements of proceedings.

The assignee or assignees and agent or agents shall lay, every three months, before the creditors or such committee as they may appoint, an exact statement of their proceedings. The creditors or their committee may, however, call the assignee or assignees and agent or agents oftener to account.
HISTORY: 1962 Code Section 57-364; 1952 Code Section 57-364; 1942 Code Section 9104; 1932 Code Section 9104; Civ. C. '22 Section 5509; Civ. C. '12 Section 3730; Civ. C. '02 Section 2645; G. S. 2012; R. S. 2144; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-150. Damages for failure to account or follow directions.

The assignee's or assignees' and agent's or agents' failure or neglect to lay a statement of their proceedings before the creditors or their committee, as and when directed by Section 27-25-140, or whenever called on, or to obey or abide by their directions, renders them answerable for all damages resulting from their refusal or neglect, and they shall forfeit the commission they might otherwise be entitled to.
HISTORY: 1962 Code Section 57-365; 1952 Code Section 57-365; 1942 Code Section 9104; 1932 Code Section 9104; Civ. C. '22 Section 5509; Civ. C. '12 Section 3730; Civ. C. '02 Section 2645; G. S. 2012; R. S. 2144; 1828 (6) 366.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 25 - Assignments For The Benefit Of Creditors › Section 27-25-160. Commissions allowed.

The commission due and owing to the assignee or assignees and agent or agents for their trouble and labor shall be five per cent on receiving and two and a half per cent on paying, to be equally divided between them, that is to say, one half to the assignee or assignees and the other half to the agent or agents. But upon petition to the circuit court or a judge thereof there may, in the discretion of the court or judge, be allowed fees to the assignee or assignees and agent or agents in excess of those above provided.
HISTORY: 1962 Code Section 57-366; 1952 Code Section 57-366; 1942 Code Section 9105; 1932 Code Section 9105; Civ. C. '22 Section 5510; Civ. C. '12 Section 3731; Civ. C. '02 Section 2646; G. S. 2013; R. S. 2145; 1828 (6) 367; 1950 (46) 1839.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-10. Recovery for improvements made in good faith.

After final judgment in favor of the plaintiff in an action to recover lands and tenements, if the defendant has purchased or acquired the lands and tenements recovered in such action or taken a lease thereof or those under whom he holds have purchased or acquired a title to such lands and tenements or taken a lease thereof, supposing at the time of such purchase or acquisition such title to be good in fee or such lease to convey and secure the title and interest therein expressed, such defendant shall be entitled to recover of the plaintiff in such action the full value of all improvements made upon such land by such defendant or those under whom he claims, in the manner provided in this chapter.
HISTORY: 1962 Code Section 57-401; 1952 Code Section 57-401; 1942 Code Section 8831; 1932 Code Section 8831; Civ. C. '22 Section 5296; Civ. C. '12 Section 3526; Civ. C. '02 Section 2440; G. S. 1835; R. S. 1952; 1870 (14) 313; 2013 Act No. 71, Section 1, eff June 13, 2013.
Effect of Amendment
The 2013 amendment inserted "or acquired" following "purchased" in two places and "or acquisition" following "purchase".
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-20. Determining value of improvements.

The sum which such land shall be found at the time of the rendition of such judgment to be worth more, in consequence of improvements so made, than it would have been had no such improvements or betterments been made shall be deemed to be the value of such improvement or betterments.
HISTORY: 1962 Code Section 57-402; 1952 Code Section 57-402; 1942 Code Section 8832; 1932 Code Section 8832; Civ. C. '22 Section 5297; Civ. C. '12 Section 3527; Civ. C. '02 Section 2441; G. S. 1836; R. S. 1953.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-30. Proceedings subsequent to judgment to recover value of improvements.

The defendant in such action shall, within forty-eight hours after such judgment or during the term of the court in which it shall be rendered, file in the office of the clerk of the court in which such judgment was rendered a complaint against the plaintiff for so much money as the lands and tenements are so made better. The filing of such complaint shall be sufficient notice to the defendant in such complaint to appear and defend against it. All subsequent proceedings shall be had in accordance with the practice prescribed in this Code for actions generally.
HISTORY: 1962 Code Section 57-403; 1952 Code Section 57-403; 1942 Code Section 8833; 1932 Code Section 8833; Civ. C. '22 Section 5298; Civ. C. '12 Section 3528; Civ. C. '02 Section 2442; G. S. 1837; R. S. 1954.