McGhee v. Wells

Citations

• 57 S.C. 280
• 35 S.E. 529
• 1900 S.C. LEXIS 37

Syllabus

<p>1. Evidence. — Statements made by a husband at time of accepting a deed as to whose money paid for the land, and by his attorney at the time that he could convey to his wife, is competent in an action to set aside the deed to the wife as a fraud upon creditors, to show the character of the husband’s possession.</p> <p>2. Ibid. — A party charged with fraud may testify as to the intent with which he did an act in question.</p> <p>3. Ibid. — Witness.—Questions as to witness’ condition of health is admissible to explain his demeanor on the stand.</p> <p>4. Charge. — Instructions by Judge to jury during examination of a witness, that the question of resulting trust, which on a former trial had erroneously been submitted to them, was not for them, but that question of fraud was, and therein making statements as to the dates of certain documents, afterwards put in issue, was not a charge upon the facts.</p> <p>5. Inadequacy of price properly defined not to mean a difference of opinion as to price, but such a gross inadequacy as to startle the minds of the jurors.</p> <p>6. Charge — Badges of Fraud — Juries and Jury Triads. — Court having stated what were badges of fraud, properly submitted to the jury whether there was evidence to explain them away.</p> <p>7. Agency — Evidence—Fraud.—There being no evidence as to agency, appellant was not prejudiced by charge and refusals of request as to agency, especially since the theory of appellant that deed was fraudulent, is inconsistent with the idea of agency, as here claimed.</p> <p>8. Subsequent Purchaser. — A purchaser at execution sale upon a judgment obtained after record of deed not recorded in time, based on a debt arising prior to the deed, is not a subsequent purchaser.</p> <p>g. Recording. — -Actuad Notice supplies place of recording.</p> <p>10. Appead — New Triads. — Where there is no evidence to support a verdict, refusal of new trial is error of law, or where the refusal is based on an erroneous view of the law, bu