TUCKER v. WEATHERSBEE

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Docket Number

8917

Attorney(S)

Mr. G.M. Greene, for appellant, submits: Burden of proof was shifted to wife to show that property conveyed to her was paid for with funds belonging to her separate estate: 1 Moore, Fraud. Conv., p. 39, sec. 6; 94 U.S. 580; 27 S.C. 425. Grantee knew of her husband's intent in making conveyances: Bump. Fraud. Conv. (4th ed.), sec. 2; 2 Bail. 324; 1 Hill 380; 97 S.C. 31. Burden also on grantee to show that creditor had notice of facts to put him on notice more than six years before action: 8 Rich. Eq. 155; Smith on Frauds, sec. 87; 101 U.S. 135; 44 S.C. 381. Evidence of grantee's knowledge of fraud: 4 S.C. 249. Laches: 2 S.C. 148; 6 S.C. 66; 10 S.C. 261; Smith on Frauds, sec. 249. Messrs. Hendersons and Bates Simms, for respondents, cite: As to limitation of action: 77 S.C. 541; 101 U.S. 135. Laches: McM. Eq. 134; 24 S.C. 99; 21 S.C. 124; 93 U.S. 55.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

8917

Attorney(S)

Mr. G.M. Greene, for appellant, submits: Burden of proof was shifted to wife to show that property conveyed to her was paid for with funds belonging to her separate estate: 1 Moore, Fraud. Conv., p. 39, sec. 6; 94 U.S. 580; 27 S.C. 425. Grantee knew of her husband's intent in making conveyances: Bump. Fraud. Conv. (4th ed.), sec. 2; 2 Bail. 324; 1 Hill 380; 97 S.C. 31. Burden also on grantee to show that creditor had notice of facts to put him on notice more than six years before action: 8 Rich. Eq. 155; Smith on Frauds, sec. 87; 101 U.S. 135; 44 S.C. 381. Evidence of grantee's knowledge of fraud: 4 S.C. 249. Laches: 2 S.C. 148; 6 S.C. 66; 10 S.C. 261; Smith on Frauds, sec. 249. Messrs. Hendersons and Bates Simms, for respondents, cite: As to limitation of action: 77 S.C. 541; 101 U.S. 135. Laches: McM. Eq. 134; 24 S.C. 99; 21 S.C. 124; 93 U.S. 55.

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Smart Summary

TUCKER ET AL. v. WEATHERSBEE ET AL.

August 13, 1914. The opinion of the Court was delivered by

MR. JUSTICE GAGE.

The decree of the Circuit Court herein is full and comprehensive.

The appellants have failed to shake it. For the reasons therein stated that judgment is affirmed.

MR. JUSTICE FRASER concurs in the result.

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