Willcox v. Priester
Supreme Court of South Carolina
Before , J., Barnwell, February, 1903. Action by Mabel Wilcox and Eleanor Wilcox against D. R. Priester. From judgment for defendant, plaintiffs appeal. cites: Party cannot deny truth of recitals'in deed: 3 Ency., 1 ed., 828; 2 Hill, 105; 22 S. E., 413; 5 Ency., 1 ed., 43.6. Possession by grantor after delivery of deed is as tenant of grantee: 1 'Ency., 1 ed., 247; 1 Strob. L., 54; 10 Rich. Eq., 219. Parol evidence as to the consideration: 2 Hill, 104; 1 McC., 514.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was brought for the recovery of real estate, and resulted in a verdict and judgment for the defendant. Plaintiffs’ appeal involves the admissibility of certain parol testimony affecting the operation of the deed under which plaintiffs claimed. On the 18th day of January, 1895, the defendant executed a fee simple warranty deed in the usual form purporting to convey the land in dispute to W. P. Wilcox, under whom the plain tiffs claim as his heirs at law. The consideration expressed in the deed was $500. After the death of…
2Cases cited2 opinions
- Watts v. WittSupreme Court of South Carolina · 1893
- Calvert v. NicklesSupreme Court of South Carolina · 1887
3Cited by4 opinions
- Frederick v. ChapmanSupreme Court of South Carolina · 1928
- Columbia Sav. Bank & Trust Co. v. TrueSupreme Court of South Carolina · 1917
- Montague v. PriesterSupreme Court of South Carolina · 1909
- Lee v. UnkeferSupreme Court of South Carolina · 1910