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…
1Opinion of the Court
December 9, 1908. The opinion of the Court was delivered by The case was referred to Robert E. Copes, as special referee, who made the following report:
"This action is brought under Sections 2369, 2372, Code of 1902, Vol. I, for the purpose of having the deed set forth in the complaint and executed by the defendant, Charles L. Wroton, to his co-defendants, adjudged fraudulent and void, as against the plaintiff and the creditors of the said Charles L. Wroton.
"The defendants, Charles L. Wroton and Alice Alston Wroton, by their answers, allege, substantially, that the deed in question was upon…
2Cases cited6 opinions
- Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
- Brown, Osborne & Co. v. NewellSupreme Court of South Carolina · 1902
- Finley v. MooreSupreme Court of South Carolina · 1899
- Arnold v. HouseSupreme Court of South Carolina · 1880
- McDowell v. RussellSupreme Court of South Carolina · 1902
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3Cited by4 opinions
- Prosser v. ChapmanCourt of Appeals for the Fourth Circuit · 1924
- United States Fidelity & Guaranty Co. v. MillsCourt of Appeals for the Fourth Circuit · 1944
- Davis v. CampbellSupreme Court of South Carolina · 1929
- Gardner v. KirvenSupreme Court of South Carolina · 1937