Nelson v. Good

Citations

• 20 S.C. 223
• 1883 S.C. LEXIS 142

Syllabus

<p>1. Insolvency of the vendor of personal property, pendency of suits against him, the sale of all his property, and retention of possession of the goods sold, to all appearances as owner, constitute such strong evidence of fraud that they will be regarded as conclusive unless explained by the most satisfactory testimony, but are hot presumptions of fraud irrebuttable by any evidence. Cases reviewed.</p> <p>2. This court concurred with the Circuit judge in holding these badges of fraud to have been satisfactorily explained in this case.</p> <p>3. A debtor may legally sell his property to one of his creditors, pending suit by others, and may retain possession as' bailee for hire or as agent of the vendee.</p> <p>4. Excessive compensation allowed by the vendee to such vendor, as his agent, after the sale, is a circumstance to be weighed in determining the bonajides.of the transaction, but is not conclusive of fraud in the sale.</p>