Green v. Niver

Citations

• 43 S.C. 359
• 21 S.E. 263
• 1895 S.C. LEXIS 168

Syllabus

<p>1. Indispensible Parties. — -Jurisdiction—Alienation—After-Acquired Right. — The ancestor of plaintiffs, the head of a family, took a deed to land, in March, 18Y2, from the United States, under an act of Congress which authorized a deed only to the “heads of families,’’ and forbid a re-conveyance prior to July, 1866, and on the day after his purchase he re-conveyed to defendant, who was not the head of a family, and for'whom the purchase was really made. After the death of their ancestor, the plaintiffs repossessed themselves of the land, and brought action in 1892 to vacate the deed from the ancestor to defendant as a cloud on their title, alleging that defendant had obtained the deed by fraud, and had no title. Held that the complaint should be dismissed, Mr. Justice Gary raising the point and holding that the United States was an indispcusible party, Me. Chief Justice McIvek holding that there was no fraud in defendant’s deed, that the restriction on alienation was inoperative, and that plaintiffs were estopped from disputing, after July, 1866, the deed of their ancestor made in March, 1866, and Me. Justice Pope concurring in the result.</p>