56 S.C. 154 | S.C. | 1899
The opinion of the Court was delivered by
The plaintiff, as a judgment creditor of Kennedy Brothers & Barron, of which firm the defendant, James R. Kennedy, was a member, after nulla bona, brought this action to vacate two land deeds by the said James R. Kennedy to1 his wife, the defendant, Eliza J. Kennedy, as in fraud of plaintiff’s rights under the Statute of Elizabeth. The Circuit Court sustained both deeds as made upon good consideration and bona tide, and dismissed the complaint.
The Circuit 'Court has found that the deed for the 307 acre tract was executed and received in part payment of a bona fide debt held by the grantee against the grantor, and that
We have already noticed the matter relating to the alleged relation of possession of the property by the debtor after the conveyances, by showing that there was no evidence of any such possession thereof as was inconsistent with a bona fide deed of same.
We have only deemed it necessary to add the foregoing in support of the decree of the Circuit Court, which is officially reported herewith. We have confined our attention to a discussion of the questions common to both deeds, but do not thereby mean to indicate any dissatisfaction with the views so fully and ably presented by the Circuit Court in reference to the trust relation between grantor and grantee concerning the 443 acre tract.
The judgment of the Circuit Court is affirmed.