Archer v. Ellison

Citations

• 28 S.C. 238
• 5 S.E. 713

Syllabus

<p>1. A deed conveying land to “A. and the natural heirs of her body,” creates a fee conditional.</p> <p>2. The fact that A then had children living does not bring this grant under the second rule in Wild’s case, there being nothing in the context requiring “heirs of the body” to be construed as meaning issue or children.</p> <p>3. A fee conditional is an estate of inheritance, and therefore a married woman might relinquish her inheritance therein, under the act of 1795.</p> <p>4. A release of inheritance by a married woman in 1863, before a magistrate of a district in which neither the married woman resided nor the land lay, was not before a proper officer under the law, and was therefore invalid.</p> <p>5. The punctuation of a statute cannot be permitted to control the con struction that is required by other and more weighty considerations.</p> <p>6. The question of the statute of limitations not considered for want of a statement in the “Case” of the facts bearing upon that question.</p>