Iseman v. McMillan
Supreme Court of South Carolina
Before Fraser, J., Marion, April, 1891. This was an action by Sarah Iseman against W. C. McMillan and others, and continued after the death of said McMillan against his representative and heirs. The judgment of the Circuit Court-was as follows: The words of this deed to Gewood Berry do not create a fee conditional. The rule in Shelly’s Case for convenience will be found in Porter v. Poly, 2 Rich.
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Before Fraser, J., Marion, April, 1891. This was an action by Sarah Iseman against W. C. McMillan and others, and continued after the death of said McMillan against his representative and heirs. The judgment of the Circuit Court-was as follows: The words of this deed to Gewood Berry do not create a fee conditional. The rule in Shelly’s Case for convenience will be found in Porter v. Poly, 2 Rich. Eq., 49, and 1 Co., 104. When, however, the words, “heirs of the body,” are followed, as here, by the further words, “and their heirs and assigns forever,” the words, “heirs of the body,” are mere…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
Sarah Iseman brought her action in the Court of Common Pleas for Marion County against the executor, &c., arid heirs at law of W. C. McMillan, deceased, E. H. Gasque, E. Burke Berry, Ashton E. Berry, and Thomas W. Berry. In her complaint she ■ alleges, amongst other things, that Thomas Godbold died testate in 1836, and that as a part of his estate, there was a small lot of land in the town of Marion, containing one-quarter of an acre; that in 1870, under proceedings had in the Probate Court for Marion County, begun for that purpose by *31T…
2Cited by4 opinions
- Wright v. WilloughbySupreme Court of South Carolina · 1908
- Corbett v. FogleSupreme Court of South Carolina · 1905
- Berry v. Marion County Lumber Co.Supreme Court of South Carolina · 1917
- Green v. CannadySupreme Court of South Carolina · 1905