Finley v. Moore

Citations

• 55 S.C. 195
• 33 S.E. 362
• 1899 S.C. LEXIS 95

Syllabus

<p>1. Assignment — Fraud—Parol Trust. — A conveyance by an insolvent debtor within ninety days of an assignment, in pursuance of a parol trust, the grantee having paid the purchase money of the conveyance to the insolvent, is not within the prohibition of the assignment act.</p> <p>2. Ibid. — Ibid.—A conveyance made within ninety days of the execution of a deed of assignment held to be void, is not within the prohibition of the assignment act.</p> <p>3. Frauds — Statute of — Parol Trust. — An insolvent defendant is under no obligation to his creditors to plead the statute of frauds against a parol trust.</p> <p>4. Ibid. — Waiver—Ibid.—The Statute of Frauds may be waived, and is waived by execution of a deed pursuant to a parol trust.</p>