Carrigan v. Byrd

Citations

• 23 S.C. 89
• 1885 S.C. LEXIS 80

Syllabus

<p>1. The delivery of a deed of conveyance is composed of two concurrent parts: (1) an intention to deliver, and (2) an act evincing a purpose to part with the control of the instrument. Neither of these parts, by itself, is sufficient to constitute delivery. .</p> <p>2. The Circuit Judge, upon testimony taken before him, found as matter of fact that the grantor had delivered certain deeds in question, and this court concurred in such findinge</p> <p>3. This court will not reverse a Circuit Judge’s finding of fact, upon conflicting testimony, in eases where he has observed the witnesses, unless the overbearing weight of such testimony is clearly against his finding.</p> <p>4. It is not a safe rule to set aside a finding of fact upon a consideration of the probabilities of human conduct.</p> <p>5. The plaintiff, a subsequent mortgagee for value, had in this case sufficient information of certain prior unrecorded voluntary deeds to charge him with notice of their delivery.</p> <p>6. A, being then indebted, made three voluntary conveyances of his land, and afterwards judgments were obtained against him on this antecedent indebtedness. B, with notice of these prior deeds, advanced a sum sufficient to pay off these judgments, which were then assigned to him; and as further security, A gave to B a bond with a higher rate of interest, and a mortgage of the land embraced in the said voluntary conveyances. In action by B against A and these grantees to foreclose such mortgage, — held, that the deeds were not a fraud upon any rights which B was here seeking to enforce; and, therefore, whether A owed any other debts at the time he made the conveyances, was irrelevant in this action.</p> <p>7. The rights of a party under a supposed, but unproven, state of facts, not considered.</p>