Stack v. Haigler
Supreme Court of South Carolina
Before Princeí, J., Orangeburg, May, 1911. Action by Wm. P. Stack against Anigeline Haigler. Defendant appeals. cites: Form of finding of fact: 7 S. C. 308; Con. 1895, art. V, sec. 9. Deed must be set aside because of unfair concealment: 86 S. C. 580. If there was a debt and the deed was to secure its payment the deed is a mortgage: 45 S. C. 614; 52 S. C. 54; 55 S. C. 510; 54 S. C. 184. Fraud may be inferred from facts and circumstances: 52 S. C. 479; 57 S. C. 110. This…
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Before Princeí, J., Orangeburg, May, 1911. Action by Wm. P. Stack against Anigeline Haigler. Defendant appeals. cites: Form of finding of fact: 7 S. C. 308; Con. 1895, art. V, sec. 9. Deed must be set aside because of unfair concealment: 86 S. C. 580. If there was a debt and the deed was to secure its payment the deed is a mortgage: 45 S. C. 614; 52 S. C. 54; 55 S. C. 510; 54 S. C. 184. Fraud may be inferred from facts and circumstances: 52 S. C. 479; 57 S. C. 110. This Court will take judicial notice of acts of the General Assembly: 16 Ga. 217; 16 Ind. 275; 24 Pa. 181; 11 Wis. 470; 20 How.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to recover the possession of a tract of land, containing about thirty acres.
The defendant denied the allegations of the complaint, and alleged that the deed, from the defendant to the plaintiff was fraudulent, and without moral or legal consideration. The case was referred to a special referee, whose findings of fact and conclusions of law were in-favor of the plaintiff. The defendant filed exceptions to the report of the referee, but they were overruled and the report was confirmed, whereupon he appealed to this…
2Cases cited8 opinions
- Miller v. HughesSupreme Court of South Carolina · 1890
- Hodges v. KohnSupreme Court of South Carolina · 1903
- Peeples v. Werner & Co.Supreme Court of South Carolina · 1898
- Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
- Johnson v. JonesSupreme Court of South Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anderson v. Aetna Casualty and Surety Co.Supreme Court of South Carolina · 1934
- Willard v. FinchSupreme Court of South Carolina · 1923
- Newbold v. McCroreySupreme Court of South Carolina · 1916
- School District No. 10 v. WallaceSupreme Court of South Carolina · 1962
- Willard v. FinchSupreme Court of South Carolina · 1923
3 more not listed; retrieve them via the Exa API.