Bank of Charleston v. Dowling

Citations

• 52 S.C. 345
• 29 S.E. 788
• 1898 S.C. LEXIS 80

Syllabus

<p>1. Prato. — The transactions by which the judgment debtor in this case managed to divest himself of his property, held to be a fraud upon his creditors.</p> <p>2. Laches — Pleading.—In an action to set aside a deed or other paper for fraud, the plaintiff, to avoid the plea of laches, should allege that he had only obtained notice of the fraud within the statutory period, but the onus of proving notice is on defendant.</p> <p>3. Wiles — Limitation oe Estates — Trustee.—A will devising lands to a trustee, and authorizing him to sell it without accounting, or to dispose of it by will, or otherwise, vests an absolute estate in the trustee.</p>