Boykin v. Ancrum

Citations

• 28 S.C. 486
• 6 S.E. 305
• 1888 S.C. LEXIS 75

Syllabus

<p>1. A devise to “A for and during the term of his natural life, and from and after his decease to his lawful'issue absolutely and in fee simple. But if A should die leaving no lawful issue at the time of his decease,- - then to B,” &c. Held, that A took only a life estate with a limitation over to his issue in fee as purchasers.</p> <p>2. Devise to J for life, remainder to A for life, remainder to A’s issue in fee. A purchased the life estate of J, and died leaving J surviving.' Held, that J’s life estate was merged by this purchase into A’s life' estate, and at the death of A, his issue were entitled to the possession of the property.</p> <p>3. Being so entitled to possession, and having failed for twenty years thereafter to assert their claim, their rights were barred as against parties in adverse possession of this land.</p> <p>•4. A release by some of A’s issue of all their rights in the premises to the parties in possession did not affect the character of the holding of these, parties as against those not releasing.</p> <p>:5. Where the value of improvements is allowed to bona fide purchasers in possession as against the true owners of the land, the purchasers should not also be allowed interest thereon from the filing of the decree.</p>