Folk v. Hughes

• Decision Date: 13 March 1915
• Docket Number: 9030.
• Citation: 84 S.E. 713,100 S.C. 220
• Parties: FOLK v. HUGHES ET AL.
• Court: South Carolina Supreme Court

84 S.E. 713

100 S.C. 220

FOLK v. HUGHES ET AL.

No. 9030.

Supreme Court of South Carolina

March 13, 1915

Appeal from Common Pleas Circuit Court of Bamberg County; T. S Sease, Judge.

Action by Wilhelmina S. Folk against Lottie Hughes and others. Judgment for plaintiff, and defendants appeal. Reversed.

Carter & Carter and E. H. Henderson, all of Bamberg, for appellants.

Mayfield & Free, of Bamberg, for respondent.

HYDRICK J.

This is an action to foreclose a mortgage, given to C. Ehrhardt & Sons by G. W. Hughes, and now owned by plaintiff. The children of the mortgagor claim title to the mortgaged property, contending that their father had only a life estate therein, with remainder in fee to them. On September 22 1890, J. W. Hughes conveyed the land to his son, G. W Hughes, by deed which reads:

"Know all men by these presents, that I, J. W. Hughes of the county of Barnwell and state aforesaid, for and in consideration of the sum of twenty dollars to me in hand paid by G. W. Hughes of the county and state aforesaid (the receipt whereof is hereby acknowledged) do grant, bargain, sell and release unto the said G. W. Hughes all that plantation. * * *

To have and to hold the said described tract of land with all privileges and appurtenances thereof to the said G. W. Hughes for his uses and benefits, and for the maintenance and support of the children of the said G. W. Hughes during the term of his natural life. And I, the said J. W. Hughes for and in consideration of the love and affection I have for the lawful children of the said G. W. Hughes, do hereby grant, release and convey unto the lawful children of the said G. W. Hughes all the above described tract of land.

To have and to hold the same immediately after the death of the said G. W. Hughes.

Together with all the rights and appurtenances thereto belonging.

To have and to hold all and singular the said premises unto the children of the said G. W. Hughes, their heirs and assigns forever. And I do hereby warrant said premises unto said children their heirs and assigns forever against myself and my heirs, executors and administrators or any person or persons lawfully claiming or to claim the same or any part thereof."

On November 10, 1892, G. W. Hughes reconveyed it to his father by deed as follows:

"Know all men by these presents that whereas on the 22nd day of September, 1890, J. W. Hughes did make unto me a deed of conveyance, whereby he purported to convey unto G. W. Hughes a certain tract of land, in said county and state, the same hereinafter described and containing seven hundred and sixty-three acres, and for the consideration therein expressed of the sum of twenty dollars, the same being agreed under certain family arrangements resting on a contingency, which did not and now cannot arise. Therefore, know all men by these presents that I the said G. W. Hughes, for and in consideration of the like sum of twenty dollars to me in hand paid by the said J. W. Hughes (the receipt whereof I do hereby acknowledge) have granted. * * * To have and to hold the same unto him the said J. W. Hughes, his heirs and assigns forever.

Together with all and singular the rights titles, hereditaments, and appurtenances to the same in anywise appertaining or belonging.

And I do hereby warrant and defend the said premises with the said J. W. Hughes, his heirs and assigns from and against the claims of myself and my heirs and assigns and all and every person whomsoever lawfully claiming or to claim the same or any part or parcel thereof."

On April 15, 1899, J. W. Hughes conveyed it back to G. W. Hughes, his heirs and assigns, with full covenants of warranty. On October 22, 1901, G. W. Hughes executed the mortgage herein sought to be foreclosed. At date of the first deed to him, in 1890, G. W. Hughes was married, but had no child, and was still childless at date of his reconveyance to his father in 1892. His first wife died March 2, 1894, having borne him one child, the defendant, Robert, the date of whose birth is not stated in the record. The defendants Ruth and Grace are his children by his last wife, the defendant Lottie Hughes. He died some time before the commencement of the action. The circuit court held that the effect of the deeds above recited was to vest the fee-simple title in G. W. Hughes, and decreed foreclosure of the mortgage.

Read in the light of the facts and the rules, which require that attention and effect shall be given to all its parts, and that the intention of the grantor so ascertained shall be given effect unless it conflicts with some settled rule of law, the deed of 1890 must be construed as conveying to G. W Hughes the land therein described for life, for his own uses and in trust for the maintenance and support of his after-born children, with remainder in fee to his after-born children, if any, as purchasers. Reeder v. Spearman, 6 Rich. Eq. 88; Hill v. Thomas, 11...