Supreme Court of South Carolina, 1924

Citizens & Southern Bank v. Blount

Supreme Court of South Carolina · Decided November 13, 1924 · Marion, Messrs, Watts, Fraser, Cothran, Chiee, Gary

125 S.E. 420; 130 S.C. 320; 1924 S.C. LEXIS 84 (South Eastern Reporter)

Counsel

Mr. S.G. Mayfield , for appellant, cites: Rule as to rebutting presumptions of fraud in dealings between near kindred: 1 Cheves Eq., 103; 105 U.S. 614 ; Vol. I, Moore on Facts, 516. "Bona fides" is a question of fact: 44 S.C. 183 . Honest debt sustains deed or mortgage: 59 S.C. 509 ; 28 S.C. 442 ; 64 S.C. 362 ; 10 Rich. Eq., 441; Rice. Eq., 300; 56 S.C. 169 . Demurrer: 56 S.C. 457 ; 81 S.C. 391 ; 89 S.C. 428 . Testimony: 22 C.J., 906, Sec. 1109; 76 S.C. 446 ; 35 S.C. 306 . Messrs. H.L. O'Bannon and Chas. Carroll Simms , for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Marion.

After a careful review and analysis of the evidence and mature consideration thereof, in the light of our decisions (see, especially, Miller v. Erwin, 125 S. E., 36, recently filed), we cannot hold that the showing made by appellants warrants a reversal of the concurrent findings of fact and conclusions of law of the Special Master and Circuit Judge.

For the reasons therein stated, the decree of the Circuit Court is affirmed.

Messrs. Justices Watts, Fraser and Cothran concur. Mr. Chiee Justice Gary did not'participate.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.