Werts v. Spearman

Citations

• 22 S.C. 200
• 1885 S.C. LEXIS 11

Syllabus

<p>1. An administrator, who was also a creditor, filed his bill for the sale of the lands of his intestate in aid of assets. A son of deceased, a defendant to the action, by his answer claimed the land under an unrecorded deed from his father. Se Id, that plaintiff might, at the trial, attack this deed for fraud, although no charges of fraud were preferred in the bill.</p> <p>2. A conveyance in consideration of a pre-existing debt, the vendor retaining possession, and such possession not satisfactorily explained, is fraudulent as to creditors.</p> <p>3. But there being no actual fraud in the case, the vendee was permitted to establish the indebtedness of the intestate, the consideration in part of the conveyance; and also to receive from the proceeds of the sale of such land the value of other property, which was also a part of the consideration, said property having been sold by intestate and applied to his debts.</p> <p>4. bindings of fact by the Circuit judge approved.</p> <p>5. Where charges of actual fraud are made against a defendant in a civil action, resting in great part upon circumstances, the defendant- may introduce testimony as to his general character.</p>