Braffman v. Glover

Citations

• 35 S.C. 431
• 14 S.E. 935
• 1892 S.C. LEXIS 192

Syllabus

<p>1. Findings op Fact by master and Circuit Judgo that a deed was without full consideration, and was made with intent of both parties to it to delay, hinder, and defeat the creditors of the grantor, approved.</p> <p>2. Badges op Fraud — Burden op Proop. — When a deed is made by a failing merchant to a kinsman within a few days after notification that creditors are about to sue, the grantee having been sent for at a distance of 30 miles, but his arrival not awaited, and the alleged consideration being a prior advance by the grantee to grantor when she (the grant- or) had purchased the land, and a verbal promise at that time to make such conveyance, if the grantor failed to make payment of balance due by her to her vendor (such balance not having yet matured), the court will require the fullest, clearest, and most satisfactory evidence of good faith on the part of the parties, whenever the bona Jides of the transaction is called in question.</p> <p>3. Fraudulent Deed — Creditors.-—-A deed made and received with the intent to defeat, delay, and hinder creditors of the grantor, is fraudulent and void as to creditors, even if based upon a valuable consideration.</p> <p>4. A General Exception considered in the absence of objection by respondent to its consideration.</p> <p>5. Common Source of Title. — In action to recover real property, plaintiff need not prove his title further back than to the common source from which both parties claim. Defendant's failure to prove'any title in himself from such common source does not relieve him from the consequences of his admission of good title in the common source.</p> <p>6. Deference of all Issues — Judgment.—All the issues having been referred to the master, who reported the deed in issue to be fraudulent and void, but made no finding as to plaintiff’s right of possession, the Circuit 'Judge, in confirming the master’s report, did not err in directing possession to be surrendered to the plaintiff.</p> <p>7. Ibid. — Waiver of J