Bethea v. Allen
Supreme Court of South Carolina
Before C. J. Ramage, special Judge, Dillon. Action by B. P. Bethea et al. against J. Furman Allen et al. Plaintiff appeals. cites: As to delivery of deed: 2 Hill Ch. 600, 629; 4 McC. 198; Bail. Eq. 141; 2 Speer 75; 9 Rich. Eq. 303; 10 Rich. Eq. 212. Effect of registration and probate: Rice Eq. 243. Adverse possession: McM.
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Before C. J. Ramage, special Judge, Dillon. Action by B. P. Bethea et al. against J. Furman Allen et al. Plaintiff appeals. cites: As to delivery of deed: 2 Hill Ch. 600, 629; 4 McC. 198; Bail. Eq. 141; 2 Speer 75; 9 Rich. Eq. 303; 10 Rich. Eq. 212. Effect of registration and probate: Rice Eq. 243. Adverse possession: McM. Eq. 157. Estoppel by recitals in deed: 1 McC. 85. One holding under deed cannot deny its validity: 16 Cyc. 706; 75 Tex. 506. Duty of mortgagee in possession: 27 Cyc. 1237; 24 Minn. 221. cites: Recording mortgages: 87 S. C. 120. Delivery of deed must be proved: 44 S. C. 372;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
Parker Bethea and his wife died leaving a large tract of land. In the division among their children lot No. 4 was set aside to1 Elizabeth Henderson, a daughter. Elizabeth had no children and lived with her two sisters, Laura Jane Bethea and Maria L. Bethea, in the family home on lot No. 4. On the 6th day of January, 1871, Elizabeth signed the following paper:
“State of South Carolina, County of Marion.
Know all men by these presents that I, Elizabeth E. Henderson, for and in consideration of the natural live (sic) and affection I bear…
2Cited by3 opinions
- Copeland v. CraigSupreme Court of South Carolina · 1940
- Bethea v. AllenSupreme Court of South Carolina · 1915
- Clarke v. JohnsonSupreme Court of South Carolina · 1929