Geiger v. Kaigler

Citations

• 15 S.C. 262
• 1881 S.C. LEXIS 76

Syllabus

<p>1. In an action brought for the recovery of real property claimed by plaintiffs as devisees of G., the complaint did not charge that the defendant claimed under G. Defendant’s answer denied title in plaintiffs, and claimed the property under a contract to purchase made by the executor of G. under a power in the will, and the payment of the purchase money. Held, that this admission was the narrative of a single transaction, and if used by plaintiffs to show that both parties claimed under G., a common source, it must be taken as a whole.</p> <p>2. In an action for the recovery of land upon the ground of title, plaintiff can recover only upon a perfect chain of title, unless there be a common source, or defendant is estopped from denying plaintiff’s title, as, e. g., in case of landlord and tenant.</p> <p>3. In an action to try the titles to real property, mere prior possession by plaintiffs, even if by descent east, will not dispense with the necessity of proof of their title.</p> <p>4. The several actions of ejectment, trespass to try title, &c., considered, and cases reviewed.</p> <p>•5. A will taken as a whole showed an intention that the executor should have the possession of the entire estate, and full power was given him to sell any part of it; under tliis power the executor made sale of a tract of testator’s land. Held, that the plaintiffs claiming as devisees, could not maintain an action at law against the purchaser, for the recovery of this tract of land.</p> <p>■6. Possession of this tract of land under a contract of sale, made with the executor under this power, and payment of the purchase money, is a good equitable defence to an action brought by these plaintiffs for possession.</p>