Poston v. Midland Timber Co

• Citation: 76 S.C. 36,56 S.E. 546
• Parties: POSTON. v. MIDLAND TIMBER CO.
• Decision Date: 16 January 1907
• Court: United States State Supreme Court of South Carolina

76 S.C. 36
56 S.E. 546

POSTON.
v.
MIDLAND TIMBER CO.

Supreme Court of South Carolina.

Jan. 16, 1907.

Deed—Construction.

Where a deed grants lands to V. for "her lifetime and at her decease to her lawful heirs * * * heirs and assigns forever, " it conveys a fee-simple title to the grantee.

Appeal from Common Pleas Circuit Court of Williamsburg County.

Action by S. B. Poston against the Midland Timber Company. Judgment for plaintiff. Defendant appeals. Affirmed.

Lee & Askins, for appellant.

R. J. Kirk, for respondent.

GARY, A. J. The complaint alleges that the plaintiff and the defendant entered into a contract, whereby the plaintiff agreed to sell to the defendant the timber on the land described In the complaint, for which the defendant agreed to pay $700. The action is to enforce specific performance, and the defendant refuses to comply With the contract, on the ground that the plaintiff is not the owner in fee of the land.

The attorneys for the respective parties entered into the following agreement: "It is hereby mutually agreed that this cause shall be tried by the court, on the pleadings and the deed from Timothy Prosser to Virginia C. Prosser, dated September 18th, 1895, and recorded in vol. 'V, ' page 394, of the registrar's office for said county, on the 3d day of February, 1896, which said deed is admitted in evidence. It is agreed that the sole question to be decided by the court is as follows: Under the deed of Timothy Prosser above described, did Virginia C. Prosser take an estate in fee simple to the premises conveyed, or did she take only a life estate? If the court holds that Virginia C. Prosser took an estate in fee, then the plaintiff shall be adjudged entitled to the relief demanded in the complaint."

The deed is as follows: "The State of South Carolina, Williamsburg County. Know all men by these presents, that I, Timothy Prosser, of Williamsburg county, in the state aforesaid, in consideration of the sum of two hundred dollars to me in hand

[56 S.E. 547]

paid at and before the sealing of the presents, by Virginia C. Prosser, of Williamsburg county, in the state aforesaid (the receipt whereof is hereby acknowledged), have granted and bargained, sold and released, and by these presents do grant, bargain, sell and release unto the said Virginia C. Prosser, all that the within mentioned messuage tenement and tract of land lying and being in the county and state aforesaid, and containing one hundred and eighty acres, it being one-half...