Hunter v. Mills

Citations

• 29 S.C. 72
• 6 S.E. 907
• 1888 S.C. LEXIS 106

Syllabus

<p>1. Plaintiff was induced by his uncle, the defendant’s testator, to change his place of residence and to take possession of a tract of land purchased by testator for plaintiff, and to improve it at great expense, testator taking titles in his own name as a protection against plaintiff’s creditors. Held, that plaintiff was entitled to specific performance of testator’s verbal promise to convey; that such promise was based upon a valuable consideration ; and that defendant could not defeat the relief sought because there was a purpose to obstruct creditors.</p> <p>2. Findings of fact by master and Circuit Judge, approved.</p> <p>3. The expenditure of large sums of money by plaintiff in reclaiming the land given to him by his uncle, and taken possession of by him, made a case of part performance, which is outside the statute of frauds.</p> <p>4. This uncle having devised this tract of land to A, and died intestate as to other lands, the nephew (one of the heirs) is not bound to elect between 'this tract and his portion of the intestate estate; nor can the other heirs be called upon to make good to A his lost devise.</p> <p>5. Direction as to costs in this case not disturbed, it being a matter largely within the discretion of the judge.</p>