Browning v. Hoover
| Decision Date | 29 May 1913 |
| Citation | 78 S.E. 521,95 S.C. 32 |
| Parties | BROWNING et al. v. HOOVER. |
| Court | South Carolina Supreme Court |
Deeds (§ 124*)—Construction—Estates Conveyed.
A conveyance to one for his natural life and at his death to his heirs living at that time, in fee, not subject to the debts, contracts, and liabilities of the first taker, vests in him the fee and not a mere life estate.
[Ed. Note.—For other cases, see Deeds, Cent. Dig. §§ 345-355, 416-428, 434, 435, 439, 452; Dec. Dig. § 124.*]
Appeal from Common Pleas Circuit Court of Hampton County; John S. Wilson, Judge.
Action by F. W. Browning and others against J. R. Hoover. From a judgment for plaintiffs, defendant appeals. Affirmed.
W. S. Tillinghast, of Beaufort, for appellant.
J. W. Vincent, of Hampton, for respondents.
In this action to compel specific performance of a contract for the sale of land, the defendant relied on the allegation that the plaintiff had only a life estate, and therefore could not make a good title. This contention rests on the fact that the conveyance from Belle M. Goethe, under which the plaintiff claimed was "to F. W. Browning for and during the term of his natural life and at his death to his heirs living at that time, in fee, and not to be subject to the debts, contracts and liabilities of the said F. W. Browning." There can be no doubt of the correctness of the circuit court holding that F. W. Browning took a fee simple. Davenport v. Eskew, 69 S. C. 292, 48 S. E. 223, 104 Am. St. Rep. 798; Clinkscales v. Clinkscales, 91 S. C. 59, 74 S. E. 121; Egan v. Touchberry, 93 S. C. 569, 77 S. E. 706.
Affirmed.
*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes
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Singleton v. Gordon, 2254
...a fee simple to vest in the "primarily named grantee." Price v. Griffin, 64 S.E. 372; Davenport v. Eskew, 48 S.E. 223; Browning v. Hoover, 78 S.E. 521. modern rule is that in the construction of deeds the intent of the parties when ascertained will prevail over all technical rules of constr......
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Bethea v. Bass
...of his body, 'but should he leave no such heirs', over, was held to pass a fee conditional upon the birth of issue. In Browning v. Hoover, 95 S.C. 32, 78 S.E. 521, Mr. Justice Woods, speaking for a unanimous court, declared that the rule in Shelley's case applied to a deed 'to F. W. Brownin......
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Welborn v. Holder
... ... Browning v. Hoover, 95 S.C. 32, 78 ... S.E. 521 ... In ... Poston v. Midland Timber Co., 76 S.C. 36, 56 S.E ... 546, the deed in ... ...
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Welborn v. Holder
...See, also, Davenport v. Eskew. 69 S. C. 292, 48 S. E. 223, 104 Am. St. Rep. 798; Williams v. Foster, 3 Hill, Law 193; Browning v. Hoover, 95 S. C. 32, 78 S. E. 521. In Poston v. Midland Timber Co., 76 S. C. 36, 56 S. E. 546, the deed in question was: "To have and to hold all and singular th......