Belue v. Fetner
| Decision Date | 04 December 1968 |
| Docket Number | No. 18847,18847 |
| Citation | 251 S.C. 600,164 S.E.2d 753 |
| Court | South Carolina Supreme Court |
| Parties | J. Fincher BELUE, Plaintiff, v. Iva FETNER, Sidney Belue, Noel Belue, Jack D. Greene; and also all persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein, which is briefly described as follows, to wit: All that certain tract of land with all improvements thereon, situate in Union County, S.C., containing 72.9 acres according to survey plat made by H. L. Kennedy, recorded in Plat Book '13', , Union County, S.C., Defendants, of whom Iva Fetner and Sidney Belue are, Appellants, and of whom Jack D. Greene is, Respondent. |
Allan E. Fulmer, Columbia, for appellants.
Hubert E. Nolin, Greenville, for respondent.
This is an action for partition of real estate by sale. The real property, which is the subject of this action, is referred to in Item 4 of the will of H. H. Belue, as follows:
H. H. Belue, who died in 1910, left his will dated May 17, 1906, which has been duly proven and probated in the office of the Probate Court for Union County, South Carolina.
The real property, with which we are here concerned, is referred to in the aforesaid will as containing About forty acres; however, a plat of said property was prepared by H. L. Kennedy, a surveyor, in December, 1910, and said plat reveals that Tract No. 4 contains 72.9 acres, rather than about 40 acres. This plat purports to show a division of the said 72.9 acres into Tract No. 7 containing 49 acres and Tract No. 8 containing 23.9 acres. The record does not show that the 72.9 acre tract has been subdivided by or among the remaindermen.
Athens Belue, Sr., Omega Belue and Ola Belue, the life tenants named in Item 4 of the will of H. H. Belue, survived him.
Athens Belue, Sr., died in 1927 never having been married and leaving no children. Ola Belue died December 21, 1961, leaving one living child, J. Fincher Belue, the plaintiff herein, and one living grandson, Noel Belue, being the only child of a predeceased son of said Ola Belue. Omega Belue died on September 13, 1963, leaving two children, Sidney Belue and Iva Belue Fetner. Athens Belue, Sr. and Omega Belue never made any conveyance of their life interests in the subject premises. Upon the death of Athens Belue, Sr. in 1927, Omega Belue and Ola Belue each had an undivided one-half life estate interest is said real property.
The record shows that on November 19, 1915, Ola Belue conveyed unto Florence Belue his life estate interest in and to a portion of the said 72.9 acre tract, namely, 48 acres. Thereafter, Florence Belue mortgaged her interest in said premises which said mortgage was foreclosed in the year 1928, and the life estate interest of Ola Belue was conveyed by the Master of Union County unto Mrs. Ida L. Belue. Thereafter, Mrs. Ida L. Belue mortgaged the life estate interest of Ola Belue, which said mortgage was foreclosed, and said interest was sold and conveyed by the Master of Union County, in the year 1932, unto W. H. Poole, and he, on November 4, 1933, conveyed all of his right, title and interest in the subject premises unto Mrs. O. B. Belue. Mrs. O. B. Belue died intestate on November 18, 1964, leaving as her sole heirs at law and distributees Lucille Belue Burgess and Lunette Belue Greene, and they, on July 13, 1965, conveyed to Jack D. Greene 'all of their right, title and interest in and to' the said 48 acre tract of land with which we are here concerned.
This action was commenced by J. Fincher Belue, one of the remaindermen, for partition by sale of the subject premises. It is alleged in the complaint that the last of the life tenants mentioned in Item 4 of the will of H. H. Belue died on September 13, 1963, thereby terminating the life estates created in the will and that fee simple title to the real property is now vested in J. Fincher Belue, Iva Belue Fetner, Sidney Belue and Noel Belue as tenants in common, each owning a one-fourth undivided interest. It was further alleged that Jack D. Greene has no interest in said premises. The defendant, Jack D. Greene answered, alleging that he was owner by deed and adverse possession to the 48 acre tract of land.
The case came on to be heard by The Honorable James W. Workman, Judge of the Union County Court, and by his decree dated May 3, 1968, he held that J. Fincher Belue, Iva Belue Fetner, Sidney Belue, Noel Belue and Jack D. Greene each had an undivided one-fifth interest in said premises and decreed a partition by sale of the property and a division of the net proceeds of said sale among the aforesaid parties equally. It is from this decree that this appeal is prosecuted.
The question for determination is whether Jack D. Greene is the owner of a one-fifth undivided interest in the 48 acre tract of land with...
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Town of Kingstree v. Gary W. Chapman, Jr., Terilyn J. Mcclary, Waccamaw Hous., Inc.
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...claiming title by deed has no greater title than the original grantor in the chain of title upon which he relies. See Belue v. Fetner, 251 S.C. 600, 164 S.E.2d 753 (1968) (a deed cannot convey an interest which the grantor does not have). The master quieted title in Hoogenboom because he fo......
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