Lawrence v. Burnett
Supreme Court of South Carolina
Before Maurdin, J., Spartanburg, Spring term, 1917. Action by Enoch Lawrence and others against Gertrude D. Burnett, Wade P. Go wan and others, involving the construction of a will.
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Before Maurdin, J., Spartanburg, Spring term, 1917. Action by Enoch Lawrence and others against Gertrude D. Burnett, Wade P. Go wan and others, involving the construction of a will. Judgment for plaintiffs, and defendant, Wade P. Gowan, appeals. submits: If a grantor retains the custody and control of a deed during his life, the paper cannot have effect as a deed: 83 S. C. 341. What is delivery of a deed: 44 S. C. 365; 24 S. C. 596; 96 S. C. 392; 41 N. Y. 423. At what time did the property pass to the heirs of Wm. Gowan? 107 S. C. 104; 102 S. C. 369; 102 S. C. 368. As to the validity of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for partition of 185 acres of land. The defendant, Wade P„ Gowan, claimed 62 acres of the tract in severalty, and, failing in that, he claimed an undivided two-sevenths interest in said 62 acres. His claims are based upon these facts:
William Gowan, the common source, had seven children, among them a son, Simeon, and a daughter, Nancy Bishop. In 1867 he executed (except delivering) a deed to Simeon to 198 acres by way of advancement, to be accounted for at $400 on settlement of his estate. The granting and habendum…
2Cases cited4 opinions
- Adams v. VernerSupreme Court of South Carolina · 1915
- Dillard v. YarboroSupreme Court of South Carolina · 1907
- Boyce v. MoselySupreme Court of South Carolina · 1915
- Reeves v. CookSupreme Court of South Carolina · 1905
3Cited by20 opinions
- Blochowitz v. BlochowitzNebraska Supreme Court · 1936
- Limehouse v. LimehouseSupreme Court of South Carolina · 1971
- Schroder v. AntipasSupreme Court of South Carolina · 1949
- Love v. LoveSupreme Court of South Carolina · 1946
- Manigault v. BryanSupreme Court of South Carolina · 1930
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