Arthur v. Hollowell
Supreme Court of South Carolina
Before Béuriíoy, J., Richland, Fall term, 1917. Action by Anne Moore Arthur against R. L. Hollowell. From order sustaining plaintiff’s demurrer to defendant’s answer, defendant appeals. submits: The execution of the deed was not legally proven so as to entitle it to registry: Civil Code 1912, section 3453; Cheves 272; 1 McMullen 373; 29 S. C. 170. If not legally proven, record of a deed is not notice to subsequent creditors and purchasers without notice: 22 $. C. 337; 22 S.…
Read the full summary
Before Béuriíoy, J., Richland, Fall term, 1917. Action by Anne Moore Arthur against R. L. Hollowell. From order sustaining plaintiff’s demurrer to defendant’s answer, defendant appeals. submits: The execution of the deed was not legally proven so as to entitle it to registry: Civil Code 1912, section 3453; Cheves 272; 1 McMullen 373; 29 S. C. 170. If not legally proven, record of a deed is not notice to subsequent creditors and purchasers without notice: 22 $. C. 337; 22 S. C. 332. submit: That the clerical error complained of is cured by reference to the deed:, 108 Am. State Reports 525,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
There is but one issue in the cause, and that of law. The .defendant objects to taking the title tendered him by the plaintiff simply because a deed which constitutes a link in plaintiff’s chain of title was put upon the record without warrant of law, and, therefore, was not notice to creditors of that conveyor. The defect in the deed suggested by counsel is that the probate of it was insufficient to have warranted the register of mesne conveyance to record it. The deed was executed by McNulty and Owens to Arthur, and the names of…
2Cited by4 opinions
- Farmers Bank & Trust Co v. FudgeSupreme Court of South Carolina · 1919
- Leasing Enterprises, Inc. v. LivingstonCourt of Appeals of South Carolina · 1987
- Seale Motor Co. Inc. v. StoneSupreme Court of South Carolina · 1950
- Seale Motor Co. Inc. v. StoneSupreme Court of South Carolina · 1950