Vaughan v. Langford
Supreme Court of South Carolina
Before Purdy, J., Spartanburg, July, 1907. Action by Margaret Vaughan, Nancy Laura Jones and . Charlotte Rebecca Morgan against Leannie Langford, W. E. Langford et al. Eromi circuit decree, defendants appeal. Messrs.
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Before Purdy, J., Spartanburg, July, 1907. Action by Margaret Vaughan, Nancy Laura Jones and . Charlotte Rebecca Morgan against Leannie Langford, W. E. Langford et al. Eromi circuit decree, defendants appeal. Messrs. Simpson & Bomar cite: Devisees under the will are estopped from saying grant was not in fee: Mitchell v. Cleveland, 76 S. C.; 26 S. C., 165. Grantor could dispose of reverter: 4 Kent., 498. Por rents the plaintiffs are only entitled to judgment: 17 Ency., 697; 3d Lead. Cas. Am. Law of Real Estate, 82. Mr. Wilson, oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The action is for partition. The land described in the complaint was owned by William Jones, who, «on 21st August, 1868, conveyed it to his daughter, Eliza Jones, “and the lawful heirs of her body.” Eliza Jones, on the 21st December, 1882, executed to E. L. Langford a deed of conveyance, containing a full warranty clause, and afterward, on 28th March, 1895, died without having had heirs of her body. The plaintiffs allege that Eliza Jones held a fee conditional in the land, and-that, when she died without having had heirs of her body,…
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