Magruder & Co. v. Clayton

Citations

• 29 S.C. 407
• 7 S.E. 844
• 1888 S.C. LEXIS 163

Syllabus

<p>1. Whether lienees and mortgagees had made improper use of their securities, and whether the sales of property thereunder were collusive, unfair, and fraudulent, are questions of fact, and the negative findings of the Circuit Judge in this case are not opposed by the overbearing weight of the testimony.</p> <p>2. This court will not disturb the findings of fact in a Circuit decree, unless such findings are without evidence to sustain them, or are against the weight of the evidence. This, it seems, is especially so when the trial judge saw the witnesses and heard them testify.</p> <p>3. A plaintiff may unite in one action a money demand against his debt- or and a claim to have set aside for fraud certain transactions between such debtor and others of his creditors ; and plaintiff failing in his second cause of action, is nevertheless entitled, on proper proof, to judgment on the money demand.</p> <p>4. Where all the issues in a cause are hoard by the judge without objection, it will be assumed that as to an issue triable by jury, a jury was waived in the formal mode required by the code.</p>