Harrell v. Kea

Citations

• 37 S.C. 369
• 16 S.E. 42
• 1892 S.C. LEXIS 28

Syllabus

<p>1. Findings of Fact—Scope of Exceptions.—Whether a deed was executed with intent to perpetrate a fraud, considered under exceptions to so much of the decree as held that the action was barred by the statute of limitations by reason of notice had of the fraud for more than six years; but the decision not rested upon the finding of actual fraud, as 'there was no direct exception thereto.</p> <p>2. Limitation of Actions'—Fraud—Notice.—The statute of limitations does not commence to run in favor of actual fraud until the party defrauded acquires either knowledge of facts, which would establish such fraud, or the means of acquiring such knowledge, by the use of due diligence. Notice that a person was living on the land, and who said that the debtor had given it to her, and that plaintiff had afterwards brought action on the debt, were not of themselves sufficient to charge the plaintiff creditor with notice that the debtor had conveyed his land to this defendant with intent to defraud his creditors, there being some evidence of a valuable consideration, and none of any suit pending or threatened, or of any expressed intent to defraud, or that the debtor had not personal property enough to pay all of his debts.</p> <p>3. Ibid.—Ibid.—Matters Not Considered on Circuit.—But if the only fraud committed was constructive fraud arising from a voluntary conveyance by the debtor, then the currency of the statute of limitations starts from the return of nulla bona, and not from discovery. And this question not having been passed upon on Circuit, and there being some evidence to show a valuable consideration, the cause is remanded for a determination of the case in this aspect.</p> <p>4. Homestead—Land Appurtenant.—Where a debtor conveyed to another, in 1873, land on which he had once resided, but from which he had removed away to an adjoining tract of land belonging to his wife, and then rented his own land to his son, the land so conveyed was not appurtenant to the family homes