Cook v. Cooper

• Decision Date: 23 March 1901
• Citation: 38 S.E. 218,59 S.C. 560
• Parties: COOK et al. v. COOPER et al.
• Court: South Carolina Supreme Court

38 S.E. 218

59 S.C. 560

COOK et al. v. COOPER et al.

Supreme Court of South Carolina

March 23, 1901

Appeal from common pleas circuit court of Greenville county; O. W Buchanan, Judge.

Action by Mary J. Cook and others against Liney E. Cooper and others for the recovery of real estate. From a judgment in favor of the defendants, plaintiffs appeal. Affirmed.

Julius H. Heywards, for appellants.

McCollough & Martin, for respondents.

GARY A. J.

This is an action for the recovery of real estate, and was tried in July, 1900. The plaintiffs are the next of kin of Andrew C Griffin, who was shown to have been the common source of title. The defendants claim under a deed alleged to have been executed and delivered to them for value by the said Griffin. The plaintiffs claim that the said Griffin was so far non compos mentis at the time of the alleged execution of the deed as to have been unable to make a valid contract or conveyance; and, further, that the deed in question is void upon its face, being so worded as to take effect in future and not until the death of the grantor. Upon the trial the plaintiffs proved the death of Andrew Griffin, their heirship, and common source of the title, and rested. The defendants proved their deed and rested. In the reply the plaintiffs introduced testimony to show that at the time the deed was executed the said Griffin was of unsound mind. The jury rendered a verdict in favor of the defendants. After service of the notice of appeal, plaintiffs' attorneys gave notice that they would move this court for leave to file an additional exception to the effect that the deed is void for the reason that it is not under seal. It appears that the word "seal" is written near the signature of the grantor, but no scroll is drawn around it, and no mark in the nature of a seal upon the deed. His honor construed the deed to be valid upon its face, and held that it conveyed to the defendants the fee in the land, reserving a life estate to the grantor.

We will next consider the questions presented by the exception as classified by appellants' attorneys, though not in the order in which they were argued by them.

1. They contend "that the alleged deed is void upon its face, being without a seal; that is to say, having nothing but the word 'seal' written below the signature, with no scroll or other symbol of a seal." As it will be necessary to refer to the deed in considering other exceptions, as well as in considering this question, we will set it out at length. It is as follows:

"The State of South Carolina, Greenville County. Know all men by these presents, That I, Andy C. Griffin, of the State and County aforesaid, for and in consideration of One Thousand Dollars at and before the sealing of these presents in hand paid by Liney E. Cooper and his Sista, Lular Cooper, of the State and County aforesaid, have granted, bargained, sold and released, and by these presents do grant, bargain, sell and release unto said Liney E. C. Cooper and Luler Cooper, and that ther mother, Permelia A. Cooper, is to have support during her natrel life or widowhood, all of my Reail Estate and Personally property. [Description of land.] The condition of this deed is such that the said Andy C. Griffin shall have full power and control of all property mension in these presents during his natreal life but at my decease then these presents shall be in full fore and effect. On the 10th day of February, 1885, I executed a deed to my wife, Elizabeth F. Griffin, but as she deceased on the 30th day of August, 1895, that deed is null and void, and that I am owner of said property and the only one that has the right to sell or convey. Together with all and singler the rights, members, herditaments and appurtinences to the said premises belonging or in any wise incident or appertaining, to have and hold all and singler the said premises under the said Liney E. Cooper and Lulia Cooper, their heirs and assigns forever, and I do hereby bind myself, my heirs, executors, administrators, to warrant and forever defend all and singular the said unto Liney E. Cooper and Lulia Cooper, their heirs and assigned forever, against myself, my heirs, and against every other person or persons lawfully claiming or to claim the same or any part thereof. In witness whereof I hereunto sed my hand and seal this the 9th day of September in the year of Our Lord one thousand eight hundred and ninety-five and in the one hundred and nineteenth year of the Sovenaty of the

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