Lawrence v. Clark
Supreme Court of South Carolina
Before Sease, J., Spartanburg, March, 1919. Action by Enoch Lawrence et al. against E. C. Clark et al. for partition. From judgment for plaintiffs, the defendants appeal. The following is the master’s report on issues involving the Simeon Gowan home place: On June 3, 1878, William Gowan conveyed to his son, Simeon Gowan, in consideration of love and affection and $5, a 12j2-acre tract of land at Inman.
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Before Sease, J., Spartanburg, March, 1919. Action by Enoch Lawrence et al. against E. C. Clark et al. for partition. From judgment for plaintiffs, the defendants appeal. The following is the master’s report on issues involving the Simeon Gowan home place: On June 3, 1878, William Gowan conveyed to his son, Simeon Gowan, in consideration of love and affection and $5, a 12j2-acre tract of land at Inman. The usual general warranty claluse is incorporated in the deed, but words of inheritance are entirely wanting, in both the granting clause and the habendum. This deed is recorded in Book 00, at…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The cardinal facts of this case are really not in dispute. William Gowan conveyed to his son, Simeon Gowan, a tract of land containing 12acres. The words of inheritance are to be found only in the warranty clause. Simeon made his will, giving a part of this land to his wife. The wife, in turn, devised the land to the appellants. After the death of Simeon and his wife, the plaintiffs, as heirs at law of William, brought this action for partition, against the appellants. The defendants alleged that William intended' to convey a fee to…
2Cases cited1 opinion
- Fuller v. MissroonSupreme Court of South Carolina · 1892
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- Dowding v. DowdingNebraska Supreme Court · 1949
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