Ivey v. Vaughan
Supreme Court of South Carolina
Before Wilson, J., Union, Three cases — (1) C. G. Ivey against William Vaughan and C. C. Vaughan. (2) N. T. Sinclair against Same. (3) Monroe Smith against Same.
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Before Wilson, J., Union, Three cases — (1) C. G. Ivey against William Vaughan and C. C. Vaughan. (2) N. T. Sinclair against Same. (3) Monroe Smith against Same. Defendants appeal. cite: Under power of sale fee does not pass to executor: Rice 54; 2 R. & McC. 588; 3 Rich. 418; 15 C. 256. Sale under power does not render seller personally liable: Schouber on Exors., sec. 511; 11 Ency. 1053; 88 S. C. 437. Intention is clear the defendants did not mean to bind themselves individually: 94 Am. Dec. 1; 90 Am. Dec. 416; 70 Am. Dec. 643. cite: General warranty in executor’s deed binds him personally:…
1DissentJustice Woods
In these three actions the plaintiffs recovered judgments against the defendants in their individual capacity for breach of the warranty contained in the several deeds of conveyance made by the defendants as executors of the will of E. Frank Vaughan. There is no dispute as to the facts. The will of E. Frank Vaughan, probated 4 February, 1904, conferred on the executors, William Vaughan and Christopher C. Vaughan, the power to sell certain lands, but not to warrant the title. On 4 October, 1904, the executors, advertised the land for sale on November salesday, the advertisement containing the…
2Cases cited10 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Thompson v. MannWest Virginia Supreme Court · 1909
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