Jerkowski v. Marco

Citations

• 57 S.C. 402
• 35 S.E. 750
• 1900 S.C. LEXIS 61

Syllabus

<p>1. Finding op Fact. — This Court may reverse a finding of fact by Circuit Judge, when appellant satisfies it, that the preponderance of the evidence is against the finding of the Circuit Judge.</p> <p>2. Ibid. — Insanity.—Mortgagor found to be sane at time of execution of mortgage.</p> <p>3. Evidence — Insanity.—Expert Testimony cannot be relied on in insanity cases as much as that of eyewitnesses to the acts of the party. {Dictum.)</p> <p>4. A Witness which a party is compelled to call, is not his, in the sense that he cannot contradict or discredit him.</p> <p>5. Fraud — Statute op Elizabeth. — A mortgage given for greater amount than due, but accompanied with a paper executing by the mortgagee, stating amount due, left with mortgagor and his wife, and all debtor’s property not being included in mortgage, is not a fraud against creditors, under Statute of Elizabeth.</p>