34 S.C. 1 | S.C. | 1891
The opinion of the court was delivered by
Inasmuch as this is the third appeal in this case, it will not be necessary to make any detailed statement of the facts, as they may be found in the reports of the former appeals in 29 S. C., 193, and 32 S. C., 593, the latter being more fully reported in 10 S. E. Rep., 1074. It seems, to us that, 'in view of the former decisions in this case, the decree of Judge Wallace, which should be incorporated in the report of this case, is quite sufficient to vindicate the judgment now appealed from.
This is the only evidence tending to show that the lot in question was bought with trust funds belonging to appellant, and giving to it the fullest force, we do not think it is sufficient, especially in view of other circumstances which will be presently mentioned, to establish the fact upon which the point now under consideration rests. The most that it shows is that the lot was bought by Emily Bateman with her half of the legacy, as the
It seems to us, therefore, that the necessary foundation in fact for the position contended for by appellant being absent, it is unnecessary to weigh the comparative equities of the grantee under .a deed voluntary upon its face, with those of creditors of the grantor, who held this property under an absolute deed spread upon the records for about six years, during which period the debt now held by the plaintiffs was contracted, which amounted to an invitation to all persons to credit her upon the faith of this property.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.