DuRant v. DuRant

Citations

• 36 S.C. 49
• 14 S.E. 929
• 1892 S.C. LEXIS 64

Syllabus

<p>1. Corrected Rulings. — Error cannot be properly assigned to the ruling of a trial judge admitting certain testimony, which he soon afterwards ruled to be inadmissible.</p> <p>2. Trustees — Actions.—The eldest son of a deceased trustee, upon whom the trust devolves by operation of law, is entitled, as other trustees are, to be consulted before an action affecting the trust estate is instituted in his name. But he having permitted this action to proceed in his name without objection, this court reluctantly declined to dismiss the complaint.</p> <p>3. Eacts in Law Cases. — This court cannot pass upon the weight of the evidence adduced before a jury in an action at law.</p> <p>4. Charging Juries. — -Error cannot be properly assigned to a failure by the trial judge to charge that which was not requested.</p> <p>5. Facts in Law Cases — New Trials. — This court cannot consider alleged error on the part of the trial judge in refusing a new trial which was moved for on the ground that there was no evidence to sustain the verdict.</p> <p>6. Voluntary Conveyance — Fraud.—Where a debtor, in consideration of love and affection, conveys her entire estate to another in trust for herself for life, with remainder for A for life, with ulterior remainders, the conveyance operates as a fraud against her then existing debtors ; and a purchaser of this land tinder judgments subsequently obtained on antecedent debts, acquired good tittle, not only against the first tenant for life who surrendered to him the possession, but also as against the subsequent remaindermen. The trial judge erred in limiting the fraud to operate only against such creditors as had obtained judgments before the voluntary deed was executed.</p> <p>7. Forcing Verdicts. — An exception imputing error to the trial judge in saying to the foreman of the jury, when the foreman said the jury could riot agree, “You have all next week to agree ; go hack to your room,” not considered, 1. Because the remark may have been in