Browning v. Hoover

Supreme Court of South Carolina

Browning v. Hoover

78 S.E. 521, 95 S.C. 32, 1913 S.C. LEXIS 181

CourtSupreme Court of South Carolina

DecidedMay 29, 1913

Docket8564

StatusPublished

Cited by1 cases

This text of 78 S.E. 521 (Browning v. Hoover) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Browning v. Hoover, 78 S.E. 521, 95 S.C. 32, 1913 S.C. LEXIS 181 (S.C. 1913).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Woods.

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; Clinkscales v. Clinkscales, 91 S. C. 59; Egan v. Touchberry, 93 S. C. 569.

Affirmed.

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The opinion of the Court was delivered by

Mr. Justice Woods.

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; Clinkscales v. Clinkscales, 91 S. C. 59; Egan v. Touchberry, 93 S. C. 569.

Affirmed.

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Bluebook (online)

78 S.E. 521, 95 S.C. 32, 1913 S.C. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browning-v-hoover-sc-1913.

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