Glenn v. Jamison

• Decision Date: 23 February 1897
• Citation: 48 S.C. 316,26 S.E. 677
• Parties: GLENN. v. JAMISON et al.
• Court: South Carolina Supreme Court

26 S.E. 677

48 S.C. 316

GLENN.

v.JAMISON et al.

Supreme Court of South Carolina.

Feb. 23, 1897.

Deeds—Conditional Limitations.

Title in fee simple absolute is vested in the grantee by a deed to her and "her heirs and assigns forever, " with habendum clause in the same terms, though the deed also contains a provision that, should such grantee "die leaving no lawful issue of her body, " the lands conveyed shall go to others named "and their heirs forever, " and though the deed contains the further proviso that the grantor and her husband "are to be allowed to reside at their present home on said land for and during her and his natural life, and shall have the right of making hers and his support thereon."

Appeal from common pleas circuit court of Pickens county; Joseph H. Earle, Judge.

Action by John M. Glenn, as administrator, against John J. Jamison and others, to foreclose a mortgage. J. J. Jamison and other defendants appeal from judgment of foreclosure, etc. Affirmed.

This case involves the construction of the deed mentioned in the opinion, which is as follows:

"State of South Carolina, county of Pickens. This indenture, made the eleventh day of December, in the year of our Lord one thousand eight hundred and eighty, between Margaret Keasler, of Pickens county, in the state of South Carolina, of the first part, and Malinda Jane Hendricks, of the same place, of the second part, witnesseth, that the said party of the first part, for and in consideration of the love and affection which I have and bear unto the said party of the second part, and for the further consideration of the sum of two hundred and fifty-six dollars, lawful money of the United States, to her duly paid before the delivery hereof, hath bargained and sold, and by these presents doth grant, bargain, and convey, to the said party of the second part, her heirs and assigns, forever, all that certain piece or parcel of land, lying and being situate in the said county of Pickens, in the state aforesaid, known as my farm, whereon I now reside, containing two hundred and eighty acres, more or less, and bounded by lands owned by Job Smith, James Hendricks, and Wm. Hunter, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging: provided, nevertheless, these presents are upon the condition that, should the said party of the second part die leaving no lawful issue of her body, then and in that event the said lands hereby conveyed shall go equally to my two daughters, Laura E. Dark and Carrie Jamison, and their heirs, forever; and provided, further, that these presents are upon the further condition that the said party of the first part and her husband, Henry Keasler, are to be allowed to reside at their present home on said land for and during her and his natural lifetime, and shall have the right of making hers and his support thereon, or shall receive such support from her, the said party of the second part; to have and to hold all and singular the above-mentioned and described premises, together with the appurtenances, unto the said party of the second part, her heirs and assigns, forever, subject to the conditions and limitations hereinbefore expressed; and I do hereby bind myself, my heirs, executors, administrators, and assigns, to warrant and forever defend all and singular the said premises unto the said party of the second part, her heirs and assigns, against me, my heirs and assigns, and every other person or persons lawfully claiming or to claim the same or any part thereof. In witness whereof I have hereunto set my hand and seal this, the eleventh day of December, in the year of our Lord one thousand eight hundred and eighty, and in the 105 year of the sovereignty and independence of the United States of America.

her

"Margaret X Keasler [L. S.]

mark

"Signed, sealed, and delivered in the presence of George E. Robinson, Tyler H. Moore."

The following is the statement of facts as set forth in the decree of his honor, Judge Earle: "This case was heard by me at the March term of the court, 189G, for Pickens county, on the pleadings, testimony, and report of the special referee, J. J. Lewis. It is an action for the foreclosure of a mortgage made to plaintiff's intestate, W. D. Glenn, by the defendants, John J. Jamison and wife, M. J. Jamison, dated the 3d day of March, 1892, to secure the payment of two notes, one for the sum of three hundred forty-eight and 74/100 dollars, payable on the 1st day of January, 1893, and the other for the same amount, payable on the 1st day of January, 1894,...