Paris v. DuPre

Citations

• 17 S.C. 282
• 1882 S.C. LEXIS 65

Syllabus

<p>1.Under a general denial of a complaint which alleged plaintiff’s lawful possession of personal property taken from him by defendant and demanded its recovery and damages, the defendant, after proof of his seizure, as sheriff, of such property under attachment against one 'W, and that W had been the owner, may offer evidence to show a want of bona-fide consideration in the transfer from W to plaintiff, although the answer alleged neither fraud nor facts tending to show fraud.</p> <p>2. After evidence of collusion between a debtor and the purchaser of his property to defraud creditors, the declarations of the debtor, both before and After the transfer, may be given in evidence against the purchaser.</p> <p>3. “ Because the verdict and judgment are in all respects contrary to the law and evidence,” is too general an exception to require any judgment of this court upon it.</p> <p>4. It has been the practice in this state for a creditor to levy his execution upon personal property fraudulently disposed of, before obtaining a return of nulla bona on his execution.</p>