DuPont v. DuBos

Citations

• 52 S.C. 244
• 29 S.E. 665
• 1898 S.C. LEXIS 74

Syllabus

<p>1. Taches — Fraud.-—Delay of fourteen months in bringing action to set aside fraudulent deed, after discovery of fraud, will not defeat the claim, especially when the status of the parties is not changed.</p> <p>2. Fraud — REMEDIES.—Where one is induced by a fraudulent deed to convey away a part of his property, and to accept from the beneficiary of the fraudulent deed a conveyance to himself for a portion of it, he is not required to offer to return the property as a condition precedent to bringing action to set aside the fraudulent deed, and to rec'over that conveyed by him. '</p> <p>3. Timitation oe Estates — Fee Conditional. — A devise of a house and lot to A, “and the lawful heirs of her body, and also an equal share in my other lands, negroes, &c.,” carries a fee conditional to the “house” and “other lands. ”</p> <p>4. Fee Conditional — Partition.—A fee conditional estate may be partitioned among the tenants in common.</p> <p>5. Forgery — Fraud.—Deed adjudged to be a forgery and ordered cancelled.</p>