Sullivan v. Ball

Citations

• 55 S.C. 343
• 33 S.E. 486
• 1899 S.C. LEXIS 112

Syllabus

<p>1. Evidence — Remaindermen—Life Tenant — Deeds.—Declarations of life tenant in absence of grantee, impeaching her deed, years after its execution and record, in which she reserves to herself a life estate, is not competent against the remainderman and his grantee after her death.'</p> <p>2. Judgment — Collateral Proceeding. — Fraud in a judgment may be attacked in a collateral proceeding.</p> <p>3. Fraud — Debtor and Creditor — Attorney.—Services rendered by an attorney in setting aside a cloud upon the title to real estate are a present and valuable consideration for a conveyance to him of a large part of such realty, in accordance with an agreement previously made as against the creditors of his client.</p> <p>4. Finding of Fact — Ibid.—Doubt of Circuit Judge as to bona tides of plaintiff’s debt and of insolvency of deceased debtor, sustained.</p> <p>5. Debtor and Creditor. — No evidence to show that deed was made to hinder, delay or defraud creditors.</p> <p>6. Ibid. — Attorney.—A conveyance to an attorney of a large, portion of property, which he recovers for a client, is not a fraud as against his client’s creditors.</p> <p>7. Harmless Error. — A mere abstract ruling can do no harm.</p> <p>8. Trust.- — No evidence of a trust here. Distinguished, from Ferguson v. Harrison, 41 S. C., 430.</p> <p>9. Debtor and Creditor — Last Illness — Insolvency.—No finding of insolvency here, and hence rule that an insolvent debtor cannot transfer his property upon consideration in part to pay expenses of last illness, does not apply.</p>