...aside must be nulla bona return: 1 S.C. 186; 18 S.C. 526; 13 S.C. 450; 1 S.C. 96; 1 Hill Ch., 113; 22 S.C. 320...is not valuable consideration: 112 S.C. 283. Insolvency sufficiently alleged and no nulla bona return necessary: 3 Code, 1922, Sec. 5218; 27 C.J., 771, 779...: 27 C.J., 570. Necessity of nulla bona return: 18 S.C. 526; 22 S.C. 314; 28 S.C. 152; 29 S.C. 395...

...which are still pending on a question of fraudulent conveyance and a separate action brought by Ellis Linkous, individually, upon a nulla bona return on an execution. Bertie Center sought a judgment...action was consolidated with an action upon a nulla bona return on an execution and other actions involving an alleged fraudulent conveyance. All of these actions are concerned with the determination of...

..." to the sheriff of said county and said execution was returned nulla bona. The law requires in an action by a creditor solely to set aside his debtor's voluntary deed, for legal fraud, allegation and proof that the debt was reduced to judgment, execution issued to enforce collection of the judgment, and a nulla bona return on...of certain real estate and that such was a factor in the extension of credit to the said Jack M. Kneece by the respondent. When the sheriff of Richland County made a "nulla bona return" on the...execution issued for the collection of the respondent's judgment, this was notice that Jack M. Kneece had no property which could be subjected to the satisfaction of said judgment. "Nulla bona" has a well defined meaning in law signifying that the defendant in the execution has no goods which could be subjected to its satisfaction. A return of...

...transactions violated Section 27-23-10, Code of Laws of South Carolina, 1976. The complaint contains no allegations that the bank obtained an execution and return nulla bona prior...to the institution of this action, nor was any proof made at trial of an execution and nulla bona return. The appellants claim...that SCNB may not maintain this action under Section 27-23-10, Code of Laws of South Carolina, 1976 because the bank neither alleged nor proved that an execution was issued and a return nulla bona obtained...

...plaintiff to file a supplemental complaint setting up the issuance of execution and nulla bona return on the judgment of plaintiff recited in the original complaint. No appeal was made from...said order, and in accordance therewith a supplemental complaint, alleging only the issuance of execution and nulla bona return on... judgment recited, was duly served on defendant's attorney. No answer or demurrer was made or served to the said pleading, and in accordance therewith nulla bona return was duly introduced into...

...law, I find: (1) That the nulla bona return in behalf of Anderson Hardware Company introduced in evidence together with the testimony of the county auditor and the general trend of the...finding and judgment, and make record of this order." Messrs. Martin, Greene Earle, for appellants, cite: Nulla bona return is necessary...bona return on the execution, in order to establish the fact of insolvency, which could be shown, by any other competent testimony. Miller v. Hughes, 33 S.C. 530...

...Pleas for Richland county. Upon this judgment execution was issued to the sheriff of Richland county, who made return of nulla bona on said execution. "Thereafter upon the...will be observed that the first paragraph says the plaintiff is entitled to the order after the nulla bona return, and he is entitled to the order unless the second paragraph or some subsequent...statute restricts the right. The second paragraph does not restrict the right, and we know of no statute that does. The second paragraph makes no mention of a nulla bona return. When we...

...the nulla bona return of the sheriff was sufficient to show that neither judgment debtor held or owned sufficient property which could be subjected to levy and sale to satisfy said judgment...sheriff, a nulla bona return was made. On hearing this petition and affidavit, Judge Mauldin issued a rule to show cause against Sheriff Willis, why a writ of mandamus, as...the nulla bona return in this case was not made in the manner required by law, and was not sufficient to show that the judgment debtors did not have sufficient property the subject of levy and...

.... 1. CREDITORS' SUIT. Filing of general creditor's suit by judgment creditor with a nulla bona return to subject property of insolvent debtor for.... EXECUTION. Where judgment creditor with nulla bona return filed bill to subject defendant's property on behalf of itself and other creditors, but another creditor.... 7. ATTACHMENT. CREDITORS' SUIT. Filing of bill by judgment creditor with a nulla bona return to subject property on behalf of itself and other...

...defendant Stotsky April 22, 1937, in the sum of $7,408.98, the issuance of a writ of execution, and the nulla bona return of the sheriff. It was further alleged that defendants A.L. Maslan and wife...

...Court; Rule 42 C.C.; 4 S.C. 165. That administrator has no assets may be shown otherwise than by nulla bona return: 60 S.C. 350; 21 S.C...it appropriate. The exceptions do not distinctly raise the question whether a nulla bona return on an execution against the administrator was necessary before this suit...action in such case accrues when a return of nulla bona has been made on an execution against the executor or administrator. A nulla bona return of the sheriff is nothing more, however...

...that no nulla bona return can be made; that there are no facts alleged on which fraud can be based, and that the action as to these...interest by lien or otherwise, in the subject of the action sought to be taken from the defendant, Bank of Summerton, and nulla bona return made. "(3) That there are no...

.... — In a suit to set aside a conveyance of a debtor to his wife in January, 1923, when the conveyance was made, was not shown by a nulla bona return of the sheriff in October, 1924. 4. EQUITY — REMEDY..., who are the appellees herein, against W. O. Fenton, who is one of the appellants. The sheriff made a return of nulla bona on this execution on October 26, 1924. The proof shows that the three lots in...by the nulla bona return of the sheriff. In making this contention reliance is had upon the case of Tidwell v. J. H. Askew Co., 165 Ark. 57, 262 S.W. 988. We do not...

...relief: 70 S.C. 580; 50 S.E., 499. Where action to set aside deed is based on fraud, nulla bona return not necessary: 157 S.C. 101, 153 S.E., 640...conveyance by McKnight to his wife as would entitle her to maintain such an action as she has brought before she shall have recovered a judgment upon her claim and a return nulla bona upon the...utterly void, frustrate, and of none effect." As to the further objection that judgment must have been obtained and nulla bona return made, the case of Temple v...

...defendants, plaintiffs moved to reopen the case for the purpose of introducing in the record nulla bona returns on two judgments, which said nulla bona returns were dated January 20, 1931, and February 12, 1931, said dates being long after the commencement of the first action. The referee allowed the same, and allowed plaintiffs to amend their complaint by alleging the return of...plaintiff's motion to amend the complaint by inserting the allegation as to the return of nulla bona was the wrong remedy, as the same, if it could be set up at all, should have been made by supplemental complaint and not by amended complaint, since the return of...allegations to set up a cause of action for actual or moral fraud only, but that the plaintiffs, not having at the time of the commencement of the action the nulla bona return, and not having alleged...

..., without a judgment at law and nulla bona return, subject to the demands of creditors the effects in Mississippi of a nonresident debtor. Dollman v. Moore, 70 Miss. 267, 12...

...losing plaintiff, but execution resulted in a "nulla bona" return. The attorneys' fees and costs were paid by Sloan with proceeds of a loan pursuant to a loan receipt agreement with Liberty. The loan is...

...causes of action for fraudulent conveyances. B. Nulla Bona Return The circuit court alternatively held one must...reduce a debt to judgment and obtain a nulla bona return as a prerequisite to bringing a fraudulent conveyance action. However, the new South Carolina Rules of Civil Procedure...have execution issued and returned nulla bona by the sheriff to attack a conveyance as fraudulent." The court also ordered the notices of...

...bona return. Opal then commenced another action in the nature of a creditor's bill in which she sought to impress a lien on certain real estate, the legal title to which stood in...court of the City and County of Denver. An execution issued to enforce collection of the judgment to which the sheriff made a nulla...

.... After the sole assets of B-F Limited were sold at public auction and nulla bona return made by the sheriff of Horry County on the assets of Kimberlin, a supplemental proceeding was instituted...