Shell v. Boyd

Citations

• 32 S.C. 359
• 11 S.E. 205
• 1890 S.C. LEXIS 65

Syllabus

<p>1. The objections, that the complaint does not state facts sufficient to constitute a cause of action, and that necessary parties are not before the court, cannot be considered on appeal where these objections are first raised by exceptions to the Circuit decree.</p> <p>2. In action by a creditor to set aside for fraud a deed made by his debtor, now deceased, one of the grantees to such deed and a party defendant to the action, who has sold his interest in the land involved, is not incompetent, under section 400 of the Code, to prove, as a witness for plaintiff, the alleged fraud by the circumstances of the transaction and by the declarations of the grantor to such witness.</p> <p>3. The debtor being dead, and an execution issued against him in his lifetime returned nulla bona, the Court of Common Pleas will entertain an action by his creditor, instituted after the judgment has lost its lion, to set aside for fraud a deed made by the debtor while living, to sell the land to pay debts and to marshal the assets.</p> <p>4. An administrator de bonis non may maintain an action in equity to set aside a fraudulent deed made by one who was a debtor by note and judgment to the first administrator, as such.</p>