Supreme Court of South Carolina, 1888

Martin v. Adams

Martin v. Adams
Supreme Court of South Carolina · Decided June 21, 1888 · Simpson
29 S.C. 597; 6 S.E. 860; 1888 S.C. LEXIS 97

Martin v. Adams

Opinion of the Court

Opinion by

Mr. Chief Justice Simpson,

*5971. In a chancery case, findings of fact by the Circuit Judge, from testimony taken and reported by the master, approved, the same being sufficiently supported.

2. In action by a creditor to set aside a judgment confessed by Adams to his daughter, Adams died before trial, and the action proceeded against the daughter alone. At the hearing, *598testimony of statements made by Adams impeaching this judgment, were properly excluded.

3. The action was also to set aside a sale of land to S under this judgment. Held, that S could testify as to communications had by him with Adams, deceased, he occupying towards Adams none of the prohibited relations. Code, § 400. But communications of Adams with plaintiff could not be proved by plaintiff.

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