Hall v. Hall

Citations

• 41 S.C. 163
• 19 S.E. 305
• 1894 S.C. LEXIS 96

Syllabus

<p>1. Findings ok Fact — Error ok Law. — Where error of law is committed by the Circuit Judge in reaching his conclusions of fact, the general rule as to reversing findings of fact in the court below does not apply.</p> <p>2. Sale by Mortgagor to Mortgagee — Onus Probandi. — Where a mortgagee takes from his mortgagor a conveyance of the mortgaged land on no other consideration than the mortgage debt, the burden is on the mortgagee, whenever this transaction is assailed in a Court of Equity, to show that his purchase was fairly made, and the deed voluntarily, knowingly, and intelligently given on a separate contract of sale.</p>