Wagener & Co. v. Mars

Citations

• 27 S.C. 97
• 2 S.E. 844
• 1887 S.C. LEXIS 101

Syllabus

<p>1. Where exceptions to the admission of evidence are noted on the master’s minutes, but are not renewed in the exceptions filed to his. report, nor considered in the Circuit decree, the judge’s failure to sustain them cannot properly be made a ground of appeal to this court.</p> <p>2. In action to cancel deeds for fraud, evidence may be received in behalf of plaintiffs as to other deeds of defendants — as to their tax returns — - as to other lands owned by them — as to assignments by them of agricultural liens and other papers — and as to their purchases of property..</p> <p>3. A' party may introduce testimony to show a state of facts different from that testified to by one of his witnesses.</p> <p>4. Findings of fact deliberately made by the master and unqualifiedly concurred in by the Circuit Judge will not be overruled unless error in such findings is patent and overwhelming.</p> <p>5. Deeds executed without a valuable consideration, and for the purpose of defeating, delaying, and hindering creditors of the grantor, is void as to them.</p> <p>6. A Court of Equity, upon vacating a deed for fraud, may decree that the land shall be sold and the proceeds applied r.o the debts of the grantor.</p> <p>7. In action by judgment creditors in behalf of themselves and other creditors to cancel a deed for fraud, the attorneys for plaintiffs are entitled to a fee out of the fund realized to the creditors, for services successfully rendered, 'but not so as to diminish the balance going to the defendants after the creditors are satisfied.</p>