Legal Opinion

Huggins v. Turner

Supreme Court of South Carolina

Decided September 3, 1917No. 9796Published

Before Mauldin, J., Columbia, April, 1916. Action between Jane Huggins and W. D. Turner and others. From the judgment entered, the former appeals.

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Before Mauldin, J., Columbia, April, 1916. Action between Jane Huggins and W. D. Turner and others. From the judgment entered, the former appeals. Remanded for trial of. issues of delivery by jury. cite: As to authority of agent to deliver deed after death of principal: 106 S. C. 300; 27 S. C. 316; 40 S. C. 415 and 460. Forfeiture of estate: 15 S. C. 11; 65 S. C. 251. cites: As to delivery of deed: 23 S. C. 89; 44 S. C. 372; 74 S. E. 610; 93 S. C. 450. As to forfeiture of estate: 75 S. C. 432.

1Opinion of the Court

The following order was made

2Per curiam

The principal question in this case is one of fact, to wit: Was the deed from'John D. Fields to E. D. Marsh delivered, on September 10, 1899, in the legal sense of the word, that is, so as irrevocably to pass the title of the land therein described to Marsh on that date, subject to the estate therein granted to Jane Fields, now Jane Huggins? The master, who saw and heard the witnesses, found that it was not so delivered. The Circuit Judge, who heard the case on the testimony as reported by the master, found that it was. The truth of the matter depends so much upon…

3Cases cited3 opinions

  1. Huntley v. WelshSupreme Court of South Carolina · 1901
  2. Newbold v. McCroreySupreme Court of South Carolina · 1916
  3. Bell v. BellSupreme Court of South Carolina · 1914

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