Fuller v. Missroon

Citations

• 35 S.C. 314
• 14 S.E. 714
• 1892 S.C. LEXIS 169

Syllabus

<p>1. Rule on Purchaser — Specific Performance. — Where all the parties to an action for partition join in seeking by rule to compel the purchaser at a sale under an order in the cause, to comply with his bid, and the purchaser resists, the same principles of equity will be applied that govern the court in actions for specific performance.</p> <p>2. Ibid. — Ibid.—A purchaser at a sale for partition is entitled to have the title examined and reported upon by the master. If such investigation shows a reasonably clear and marketable title, specific performance will be directed, but if there is a rational doubt of the validity of the title, the court will not compel compliance.</p> <p>3. Construction of Deeds — -Intention.—In construing deeds, courts are bound to ascertain from the language employed in the deed the intention of the grantor, and then to give effect to such intention, if not repugnant to the law of the land.</p> <p>4. Trust Deeds — Fee.—A grantor in consideration of the regard he had for Mrs. II. and of §5, conveyed in 1829 to a trustee, his heirs and assigns forever, a house and lot of land in trust, to suffer and permit Mrs. II. and her husband for and during their joint lives and, upon the death of either, the survivor to occupy and enjoy said premises, and upon the death of the survivor, then in trust to be absolutely vested in such issue of their present marriage as may be living at the death of the survivor, to he held by them, if more than one, as tenants in common, with power to the trustee, at the request of Mr. and Mrs. II. or the survivor, to sell and dispose of the property and reinvest the proceeds subject to the same trusts. Held, that upon the death of Mrs. II., who survived her husband, the issue of their marriage then living took a fee simple title as tenants in common, according to the intention of the deed.</p> <p>5. Case Criticised — Limitation of Estates. — Bratton v. Massey, 15 S. C., 281, approved, and held to be applicable to the f