County of Abbeville v. Knox

Rhodes, Justice:

This appeal involves the construction of a deed in which I.96 acres of land were conveyed to defendant-appellant, James W. Knox, by plaintiff-respondent, the County of Abbeville. The lower court construed the deed as conveying a fee simple subject to a condition subsequent. Knox contends a fee simple absolute estate was conveyed to him. We agree and reverse.

The County conveyed the land to Knox for $100.00 on August 17, 1965. The pertinent portion of the granting clause in the deed is as follows:

“Have Granted, Bargained, Sold and Released, and by these presents do grant,…