Legal Opinion

Sease v. Sease

Supreme Court of South Carolina

Decided May 31, 1902PublishedCited by 8 opinions

Before BenET, J., Bamberg, February, 1902. Action by F. P. Sease, M. A. Copeland, E. R- Kirkland, B. H. Sease, W. D. Sease, G. P. Seasé and B. E- Jones against E. C. Sease, W. E. Sease and J. M. Dannelly, as assignee of F. M. Bamberg. From Circuit decree, plaintiffs and two first named defendants appeal. cites: As to the construction of the deed: 2 Strob., 102; 1 Read. Cases, R. P., 54; 32 S. C., 223; 17 S. C., 551; 5 Rich. Eq., 44i; 47 S. C., 297; Harp.

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Before BenET, J., Bamberg, February, 1902. Action by F. P. Sease, M. A. Copeland, E. R- Kirkland, B. H. Sease, W. D. Sease, G. P. Seasé and B. E- Jones against E. C. Sease, W. E. Sease and J. M. Dannelly, as assignee of F. M. Bamberg. From Circuit decree, plaintiffs and two first named defendants appeal. cites: As to the construction of the deed: 2 Strob., 102; 1 Read. Cases, R. P., 54; 32 S. C., 223; 17 S. C., 551; 5 Rich. Eq., 44i; 47 S. C., 297; Harp. B., 92; 15 Pick., 104; 25 S. C., 292; 28 S. C., 238; 5 Ency., 1082; 6 Co., 16; McM. Eq., 321; Doug., 321; 6 Rich. Eq., 93; 138 Mass., 205; S…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This appeal raises the question whether his Honor, the Circuit Judge, erred in construing the word “children” in the deed hereinafter set out to be equivalent to “heirs of the body.” At the time the deed was executed, four of Mrs. Esther C. Sease’s children were in esse, and afterwards others were born. The deed is as follows : “State of South Carolina, Barnwell County. Know all men by these presents, that I, John D. Sease, of the State and county aforesaid, for and in consideration of the sum of two thousand and five hundred dollars…

2Cited by8 opinions

  1. Ansley v. GrahamSupreme Court of Florida · 1917
  2. First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
  3. Reeves v. CookSupreme Court of South Carolina · 1905
  4. Bank of Prosperity v. DominickSupreme Court of South Carolina · 1921
  5. Phipps v. HardwickSupreme Court of South Carolina · 1979

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