Dowling v. DeWitt

Citations

• 96 S.C. 435

Syllabus

<p>1. Evidence — Declarations.—The written and oral declarations of a deceased husband after title to lands had vested in him under a will and after marriage to the effect that he held the lands in trust are not binding- on the wife in an action for dower.</p> <p>2. Ibid — Statute of Frauds — Hearsay.—That a deed was intended to secure a debt should not be shown by rumor and hearsay, as such evidence is contrary to the statute of frauds and hearsay.</p> <p>3. Ibid. — Parol—Trusts.—Declarations of a grantor at the time of executing- a deed that the deed was to enable grantee to borrow money for grantor are incompetent because proving an express trust by parol.</p> <p>Tant v. Guess, 37 8. G. 489, distinguished from this case.</p> <p>4. Dower. — Deed to wife in lifetime of husband held not to bar her of her right of dower in other lands because not so intended.</p> <p>5. Ibid. — Evidence here does not show the husband held the land in' question in any trust relation or that the wife knew of such relation at the time of her marriage, and the wife entitled to dower.</p>