First Presbyterian Church v. Elliott
Supreme Court of South Carolina
Before Klugh, J., Beaufort, January; 1902. Action by First Presbyterian Church of Beaufort against Mrs.’ Meta H. Elliott.
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Before Klugh, J., Beaufort, January; 1902. Action by First Presbyterian Church of Beaufort against Mrs.’ Meta H. Elliott. From judgment for defendant, plaintiff appeals. cite: Rules for construing charge: 59 S. C., 312; 15 S. C., 95; 50 S. C., 128; 28 S. C., 580; 12 S. C., Ill; 19 S. C., 91; 16 S. C., 575; 18 S. C., 232; 36 S. C., 187; 29 S. C.,161; 33 S. C., 139. What constitutes an estate on condition: 16 Gray, 322; 15 S. C., 132. They are odious: 15 S. C., 32; 12 N. Y., 131; 1 Kent. Com., 129. What is breach: 35 N. H., 115. Breach makes estate voidable: 15 S. C., 33; 16 Gray, 322. And may…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was commenced by the First Presbyterian Church of Beaufort against Mrs. Meta H. Elliott, on February 5th, 1901, to recover possession of a lot of land in the town of Beaufort. The plaintiff claimed under a deed executed to it by Lizzie H. Judd and H. G. Judd, her trustee, in May, 1886. 'The defendant admitted that this deed carried a good title to plaintiff, subject to be defeated, however, by its failure to comply with conditions attached to the conveyance. These conditions are thus set forth in the deed: “And the said…
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