John McLean, Bank of Georgia v. Higginbottom…
“ It is a radical error to suppose there is no difference between an absolute deed, and an absolute judgment. Judgments are always absolute, yet they convey no right of property, but only give a lien; which is carried into beneficial action by an execution. Judgments give a right to sell the property of the defendant, but not possession of the defendant's property. ”
John McLean, Bank of Georgia v. Higginbottom…
“ In South Carolina there has been established by the judicial decisions of the courts, an equity, which fully operates in this case. Where a party as a member of a family is called on to account, a lien is held to exist on all the property of a testator in his hands, for the amount due to those interested in his trust.It has been established by the evidence, that Higginbottom and Provost were trustees for the minors; that the minors are creditors for a bona fide and valuable consideration; and if so, they are the oldest bona fide lien creditors, and as such this court will protect them. ”
John McLean, Bank of Georgia v. Higginbottom…
“ In the case before the court, there was valid purpose to be effected by the judgment in favour of Higginbottom and Provost, and their names were used to give it full operation. There is no just imputation that there was a secret trust for the defendant; nor was there any necessity for a declaration in writing, if one was not given at the time the judgment was confessed, which may be inferred from the evidence. If there had been an understanding that the property should remain with the plaintiffs for a particular time, a written declaration to this effect might have been necessary. ”
