Brown v. Cave

Citations

• 23 S.C. 251
• 1885 S.C. LEXIS 100

Syllabus

<p>1. In action for dower, the grantor of the land with warranty is not incompetent as a witness against the demandant to testify to communications between himself and his grantee, the deceased husband, as to the actual ownership of the purchased land.</p> <p>2. Quere: Is an action for dower, prosecuted by a widow, within the proviso to section 400 of the code?</p> <p>3. Findings of fact by the Circuit Judge from written testimony taken and reported by the master, approved.</p> <p>4. The facts necessary to raise a resulting trust may be proved by parol; and the payment of the purchase money by five persons, under an agreement that one should take the title for the benefit of all, raises a resulting trust in their favor.</p> <p>5. Such payments must be made at the time of the purchase ; they are so made, if the payments were complete before conveyance executed, although after the agreement to purchase.</p> <p>6. The possession and use by the parties of their respective shares, and the payment of their several portions of the purchase money, with the acquiescence of the grantee of the legal title, brings the case within the doctrine of part performance.</p> <p>7. The husband held the legal title, but the equitable right to four-fifths of the land attached in favor of others before his marriage. Held, that the widow was dowable of only the one-fifth remaining absolutely in the husband.</p>