Fraser v. Davie

Citations

• 11 S.C. 56
• 1878 S.C. LEXIS 43

Syllabus

<p>1. In cases where a dispute arises as to whether a deed of trust has ever become operative, it is proper for the trustee named in such deed to seek the interposition of a court of equity to define his rights and duties, as between the grantor in trust and the beneficiarles under the deed. And a complaint for such purpose is not a bill of interpleader.</p> <p>2. Such trustee is bound to the exercise of good faith towards his grantor.</p> <p>3. When one for value agrees to convey to another and the latter prepares a deed of trust for signature, professing to be upon the consideration of natural love and affection, equity will look beyond the terms of the deed to the true consideration, and finding that, will so declare it, and act upon it.</p> <p>4. A finding of fact by a Circuit judge is not binding upon this court, when a contrary conclusion r.ests on clear and indisputable grounds.</p> <p>5. The word “understood” as applied by a witness to his own apprehension of an agreement to which he was himself a party, is direct proof in itself of what the agreement was.</p> <p>6. The manual delivery of a deed will not be regarded as a full and complete delivery when it is mutually understood at the time, between grantor and grantee, that such deed is not to become operative until some future event. Arthur v. Anderson, 9 S. 0. 234.</p>