18 S.C.L. 118
Court of Appeals of South Carolina
Decided January 15, 1831
Court of Appeals of South Carolina · decided 1831-01-15
Tried before Mr. Justice Gantt, at York, Fall Term, 1830. This was an action of trover for a negro slave. The plaintiff claimed under a bill of a sale from Henry Meacham, dated 15th March, 1823, which included this and other slaves. The defendant claimed under a bill of sale from the sheriff of a later date: the sheriff had sold the slave in question under executions against Meacham ; and the question was, whether the prior conveyance was valid, or void for fraud.
Decided 1831-01-15
¶1We concur ; reserving our own opinions as to the position, that “ if the fraud of the vendor is established, there is no legal contract on his part, for fraud makes it absolutely void, and, hence, the' vendee’s title, depending on the legality of the sale, becomes also void.”
¶2Motion granted.