Featherston v. Dagnell

Citations

• 29 S.C. 45
• 6 S.E. 897
• 1888 S.C. LEXIS 102

Syllabus

<p>1. Evidence taken before a trial justice under the act of 1S83 (18 Stat., 373), is not admissible in evidence unless the officer certifies the existence of the reasons which authorize the taking of the testimony in that way, and unless it is shown at the trial that the witness is unable to appear, or is out of the county.</p> <p>2. Findings of fact by the Circuit Judge from written testimony approved.</p> <p>3. Where a deed, which upon its face appears to be based upon a voluntary consideration only, is attacked for fraud, the grantee may rebut the alleged fraudulent intent by showing that there was a valuable consideration for the conveyance.</p> <p>4. If the reservation of a life estate in a deed rendered it void, a subsequent judgment creditor could not invoke the aid of the court to set the deed aside, as he would have an adequate legal remedy by levy and sale.</p>