Frampton v. Wheat

Citations

• 27 S.C. 288
• 3 S.E. 462
• 1887 S.C. LEXIS 133

Syllabus

<p>1. Where a statute declares terms upon which vacant lands of the State may be granted, the courts cannot limit this provision to lands recently acquired from the Indians in one section of the State.</p> <p>2. In action between private parties claiming a tract of land, a grant of State lands under ihe seal of the State and signed by her proper officers, cannot bo held void for failure to comply with the conditions prescribed by statute to her officers in making grants, where it does not clearly appear that the conditions were present and that the officers disregarded them.</p> <p>3. A statute prescribed that in granting vacant lands on navigable streams the grant should not include exceeding one chain on the river front for every four chains hack. Eor this statute to defeat a grant, the party assailing the grant must show that the land was not so located, and that there was hack vacant land enough to make a compliance possible; but where the grant is perfectly fair on ’its face, such testimony is inadmissible for the purpose of annulling it.</p>