Sandpord v. Sandford

• Decision Date: 08 February 1917
• Docket Number: (No. 9587.)
• Citation: 91 S.E. 294
• Parties: SANDPORD et al. v. SANDFORD et al.
• Court: South Carolina Supreme Court

91 S.E. 294

(106 S.C. 304)

SANDPORD et al.

v.SANDFORD et al.

(No. 9587.)

Supreme Court of South Carolina.

Feb. 8, 1917.

Appeal from Common Pleas Circuit Court of Orangeburg County; J. W. Bowman, Judge.

Suit by Sylvanus Sandford and others against Govan F. Sandford and others. Decree for defendant Govan F. Sandford, "and plaintiffs and certain other defendants appeal. Affirmed.

R. E. Copes and W. B. Martin, both of Orangeburg, for appellants.

Raysor & Summers and Wolfe & Berry, all of Orangeburg, for respondents.

FRASER, J. Jesse Sandford conveyed to Govan Sandford a certain tract of land fora valuable consideration. The clause of the deed that is before us for construction reads as follows:

"To have and to hold all and singular the

said premises before mentioned unto the said G. P. Sandford, his heirs and assigns, forever. The conditions of sale of the within piece of land are as follows: That the said G. P. Sand-ford is not to mortgage or in any wise dispose of said land. And after his death it is to go to his wife and his and her children."

The wife is dead, leaving no children, so it is now impossible for the remainder to take effect, even if valid. G. P. Sandford mortgaged the land. The mortgage was foreclosed and the land purchased at the foreclosure sale by George W. Binniker.

Appellant says:

"The only questions submitted to the court under this statement of agreed facts are as follows: (1) Did the written instrument, Exhibit A, convey to the defendant Govan F. Sandford said real estate in fee simple? (2) If said written instrument did not convey said real estate to Govan F. Sandford, in fee simple, what estate therein was thereby granted to him, if any?"

I. The deed conveyed to Govan F. Sandford a fee simple. There can be no doubt about that. There can be no doubt that a remainder, after a fee simple, is void in a deed. It is equally clear (and no citation of authorities is necessary) that an attempt to convey an estate in fee simple and deprive the purchaser of the incident of ownership is not effective in law. When Jesse Sandford conveyed the land to Govan F. Sandford, and "his heirs and assigns, forever, " the entire estate was gone from Jesse Sandford, and he had nothing to limit. A grantor may add to the estate conveyed by subsequent clauses, because he may make a new grant of additional rights. The grantor cannot restrict the grant, because the thing granted is gone. It may be said that this statement will give many trust estates absolutely...