Richardson v. Mounce

Citations

• 19 S.C. 477
• 1883 S.C. LEXIS 101

Syllabus

<p>1. The declarations of A., made after the sale of his property by the sheriff under execution, but while he continued in possession, may be given in evidence against his vendee for the purpose of showing fraud in the pretended sale. McCord v. McCord, 3 8. C. 577, recognized and followed.</p> <p>2. Findings of fact by master and Circuit judge sustained.</p> <p>3. Qucere: Is the effect of a retention of possession of the land aliened by a father-vendor different from that of a retention in other eases?</p> <p>4. Where land sold by a sheriff is conveyed by deed to the highest bidder, but the judgment debtor furnishes the money which pays the bid, a trust results in the debtor’s favor, and the land may be again subjected to the payment of his debts.</p> <p>5. Action to set aside a deed for fraud, commenced within six years after judgment obtained at law against the vendor, is not barred by the statute of limitations. Súber v. Chandler, 18 S. C. 526, approved.</p> <p>6. The statute of limitations does not run in favor of a fraudulent conveyance until the discovery of the facts which constitute the fraud; and such knowledge being denied in the complaint the defendant must prove the knowledge.</p> <p>7. The retention of possession of land by a judgment debtor after sheriff's sale is not in itself sufficient notice of fraud in the sale.</p>