Manship v. Newton
Citations
- 105 S.C. 1
- 89 S.C. 467
Syllabus
<p>1. Husband and Wipe — Conveyances pbom Husband to Wife — Agency op Husband — Liability op Wipe. — Where a husband, who generally acted as the wife’s agent, made a conveyance, the transaction being one in which their interests were antagonistic, he could not be considered her agent, so as to bind her for any fraud upon his part as to his creditors in making the transfer.</p> <p>2. Fraudulent Conveyances — Evidence—Sufficiency.—The mere fact that defendant accepted a transfer of property immediately after a referee’s report was filed, finding the grantor liable, is insufficient to show fraud on the part of defendant.</p> <p>3. Appeal and Error — Scope op Review- — Burden of Proof. — The burden is upon the appealing party to satisfy the Court by the preponderance of the evidence that the finding of the lower Court as to a matter of fact was incorrect.</p>
Judges: Chiee, Consideration, Fraser, Gage, Gary, Hydrick, Watts
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