Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Messrs. Tison Miller, for appellant, cite: As to assignment act: Sec. 5511, Code; 11 S.E., 337; 42 S.E., 169; 16 S.E., 398; 44 S.C. 181; 119 S.E., 583; 132 S.E., 473; Sec. 5218, Code. "Fraud": 27 C.J., 416. Voluntary deed constructively fraudulent, where necessary to resort to lands so conveyed for payment of debts: 12 S.E., 561; 99 S.E., 815. Where conveyance between parties is attacked as a fraud on grantor's creditors, burden on grantee to establish good faith by clearest evidence: 14 S.E., 936; 82 S.E., 639; 99 S.E., 814. Presumption of fraud may be rebutted: 20 S.C. 232. Facts from which law infers fraud as to creditors, unless satisfactorily explained, are sufficient to set aside conveyance where no actual fraud shown: 30 S.E., 603. Valuable and bona fide consideration necessary for deed to be good: 42 S.E., 171; 77 S.E., 742; 27 C.J., 746. Actual fraud will be imputed to grantee though not present when conveyance made: 43 S.E., 393; 63 S.E., 62. Mr. J.W. LeGrand, for respondent, cites: As to charge of fraud: 111 S.C. 482. Necessary fraud to set aside conveyance: 122 S.C. 400. Consideration: 119 S.C. 345, 346; 56 S.C. 170.
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Click here to upload
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Messrs. Tison Miller, for appellant, cite: As to assignment act: Sec. 5511, Code; 11 S.E., 337; 42 S.E., 169; 16 S.E., 398; 44 S.C. 181; 119 S.E., 583; 132 S.E., 473; Sec. 5218, Code. "Fraud": 27 C.J., 416. Voluntary deed constructively fraudulent, where necessary to resort to lands so conveyed for payment of debts: 12 S.E., 561; 99 S.E., 815. Where conveyance between parties is attacked as a fraud on grantor's creditors, burden on grantee to establish good faith by clearest evidence: 14 S.E., 936; 82 S.E., 639; 99 S.E., 814. Presumption of fraud may be rebutted: 20 S.C. 232. Facts from which law infers fraud as to creditors, unless satisfactorily explained, are sufficient to set aside conveyance where no actual fraud shown: 30 S.E., 603. Valuable and bona fide consideration necessary for deed to be good: 42 S.E., 171; 77 S.E., 742; 27 C.J., 746. Actual fraud will be imputed to grantee though not present when conveyance made: 43 S.E., 393; 63 S.E., 62. Mr. J.W. LeGrand, for respondent, cites: As to charge of fraud: 111 S.C. 482. Necessary fraud to set aside conveyance: 122 S.C. 400. Consideration: 119 S.C. 345, 346; 56 S.C. 170.
See more information ...
Smart Summary

E. STERNBERGER CO. v. SUMMERFORD ET UX.

March 28, 1929.

The opinion of the Court was delivered by

MR. JUSTICE CARTER.

The facts and questions involved in this case are fully set forth in the report of the Special Referee, H.J. Riley, Esq., to whom the case was referred for the purpose of taking the testimony and passing upon all issues of fact and law. For the reasons stated in the report of the Referee and the decree of the Circuit Judge, Hon. E.C. Dennis, it is the judgment of this Court that the judgment of the Circuit Court be, and is hereby, affirmed.

MR. CHIEF JUSTICE WATTS and MESSRS. JUSTICES COTHRAN, BLEASE and STABLER concur.

Use AI to get other relevant cases.
Try AI Pro free for 7 days Upgrade to AI Pro

Comments

E. STERNBERGER CO. v. SUMMERFORD et ux
(Mar 28, 1929)