Blackwell v. Ryan

Citations

• 21 S.C. 112
• 1884 S.C. LEXIS 80

Syllabus

<p>1. In suits for specific performance, the contract must be established by competent and satisfactory proof, such as is clear, definite, and certain. The Circuit judge sustained in his findings of fact.</p> <p>2. A vendor has the right in equity to claim specific performance of a contract for the sale of land, and in such proceeding to have decree for payment of unpaid piu-chase money or a sale of the land therefor, but he is not entitled to recover rents and profits from, the vendee.</p> <p>3. To such an equitable proceeding, the statute of limitations as such has no proper application'.</p> <p>4. A subsequent agreement in this case between the vendee and the administrator of the vendor held not to have changed the relative condition of the parties.</p> <p>.5. One -who goes into possession of land under a contract to purchase it, cannot acquire title against the vendor by the statute of limitations, until payment of the purchase moneyneither can the widow of such vendee after his death.</p> <p>6. Although there was in this case a positive and unequivocal assertion of adverse right made to the vendor by the widow of the vendee, still the bar of the statute cannot as such be interposed to a proceeding on the equity side of the court for specific performance of an executory contract.</p> <p>7. But where, as in this case, there has been long and unexplained delay, the original parties are all dead, the widow of the vendee has been in uninterrupted possession for more than fourteen years asserting exclusive ownership, and other circumstances are advei'se to the claim, a Court of Equity will not decree specific performance of. the contract in favor of the vendor. The Court of Equity, in exercising discretion, will follow, as far as practicable, the analogies of the law.</p>