Fryer v. Bryan

Court of Appeals of South Carolina

Fryer v. Bryan

11 S.C. Eq. 56

DecidedMay 15, 1834

StatusPublished

This text of 11 S.C. Eq. 56 (Fryer v. Bryan) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fryer v. Bryan, 11 S.C. Eq. 56 (S.C. Ct. App. 1834).

Pincite

Opinion

Johnson, J.

The 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.

Motion dismissed.

O’Neall, J., concurred.

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Johnson, J.

The 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.

Motion dismissed.

O’Neall, J., concurred.

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Bluebook (online)

11 S.C. Eq. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fryer-v-bryan-scctapp-1834.