Fryer v. Bryan

Decided May 15, 1834

Court of Appeals of South Carolina · decided 1834-05-15

Marion — February, 1834. The plaintiffs, as creditors of Lemuel Bryan, filed this bill to set aside a judgment obtained by the defendant, Brown Bryan, against his father, Lemuel Bryan, on which funds arising’ from the sale of his property by the sheriff were claimed, charging the same to be without consideration and fraudulent. The facts of the case, and the questions made in argument, are fully stated in the following Circuit decree: De Saussure, Chancellor.

Decided 1834-05-15

Johnson, J.

¶1The fact that the bond and judgment were intended as a fraud on the creditors of Lemuel Bryan, is ascertained by the Chancellor’s decree, and is fully sustained by the evidence : and as a party to that fraud, the defendant, Bryan, is entitled to no favor. We concur, therefore, with the Chancellor, that the judgment ought not to stand as a security for what may be due. The Court was nor bound to disentangle a web of fraud of his own manufacture, to ascertain that there may have been some good material mixed up with it.

¶2Motion dismissed.

O’Neall, J., concurred.