Miller v. Wroton
Supreme Court of South Carolina
Before Gage, J., Orangeburg, May, 1907. Action by Joseph H. Miller, trustee in bankruptcy of Charles R. Wroton, against Charles R. Wroton, Alice Alston Wroton et al. Prom Circuit decree, plaintiff appeals. Mr. Cherry cites: No consideration arising from children, and their part of deed void: 69 S. C., 373. Fraud may be inferred from facts and circumstances: 52 S. C., 179; 57 S. C., 110; 11 Ency., 192', 197. 198; 26 N. Y., 211; 11 Ency., 290¡; 2 Pom. Eq. Jur., 600; McM.
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Before Gage, J., Orangeburg, May, 1907. Action by Joseph H. Miller, trustee in bankruptcy of Charles R. Wroton, against Charles R. Wroton, Alice Alston Wroton et al. Prom Circuit decree, plaintiff appeals. Mr. Cherry cites: No consideration arising from children, and their part of deed void: 69 S. C., 373. Fraud may be inferred from facts and circumstances: 52 S. C., 179; 57 S. C., 110; 11 Ency., 192', 197. 198; 26 N. Y., 211; 11 Ency., 290¡; 2 Pom. Eq. Jur., 600; McM. Eq., 27; 32 S'. C., 171; Bump. Pr. Con., secs. 12-67, 600; 39 S. C., 118. Verbal agreeinent is within statute of frauds: 138…
1Dissent
I concur in the opinion of Mr. Justice Gary that the deed from Charles L. Wroton to his wife, Alice A. Wroton, was fraudulent and should be set aside. The further holding, however, that there was testimony tending to show that Wroton and his wife made an agreement that she should have a claim or lien on the land, constituting an equitable mortgage, it seems clear to me, has no foundation in either the pleadings or the evidence.
The action was brought by the trustee in bankruptcy of Wroton to set aside, as a fraud on creditors, a deed made by him to his wife and children on 15th December, 1890.…
2Cases cited10 opinions
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Brown, Osborne & Co. v. NewellSupreme Court of South Carolina · 1902
- Herring & Co. v. CannonSupreme Court of South Carolina · 1884
- King v. FraserSupreme Court of South Carolina · 1885
- In re DuncanDistrict Court, S.D. New York · 1876
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