Colton v. Galbraith

Citations

• 35 S.C. 531
• 14 S.E. 957
• 1892 S.C. LEXIS 201

Syllabus

<p>1. Equitable Conversion. — Land directed by a testator to be sold by his surviving executors after his widow’s death and the proceeds distributed, becomes personalty at the death of the widow.</p> <p>2. Warranty — Heirs—Estoppel.—A widow, who was also life tenant and executrix, and to whom her testator’s insolvent estate is largely indebted for advances made by her in course of administration, having no power of sale, conveyed with general warranty a lot of her testator’s land, and then died, leaving as her heirs the issue and heirs of their father, her testator. These parties, as heirs of their father, brought action at law to recover this lot of land from their mother’s grantee, and it was adjudged that,they wore entitled to two-thirds part thereof. They then brought action in equity for partition. In this second action held, that as their father’s estate was insolvent by reason of a large debt duo by his estate to their mother, of whoso estate these parties were also distributees, and as such' liable under their mother’s warranty for any deficiency in her grantee’s title, the court, to prevent circuity of action, will declare an estoppel and dismiss the complaint.</p>