Jordan v. Neece

Citations

• 36 S.C. 295
• 15 S.E. 202
• 1892 S.C. LEXIS 70

Syllabus

<p>1. Deeds — Copartnership.—A grantor, in consideration of love and affection, made her deed, wherein she declared that she did “give and release unto him so much land at, along, below, and above the mill dam, upon my land as will serve for the purpose of cutting a race and for waste-way and mill, all conveniences in putting up same and lumber yards, also free ingress and egress to and from said mill or pond through my lands, and also of backing water upon my land to the height of thirteen feet live water, and all the privileges of said mill two-thirds of the time, reserving to myself one-third part of said mill after paying one-third part of whatever amount it may cost him inputting in operation said mill.” Held, that the words used in this deed were sufficient to convey an estate m the land, and so operated and did not create a copartnership between grantor and grantee.</p> <p>2. Estate for Life — General Warranty. — The deed had no haben-dum clause, but contained a general warranty to the grantee and his heirs. Held, that there being no grant of an inheritance, the grantee took only an estate for life, which could not be enlarged into a fee by the warranty clause.</p> <p>3. Tenant for Life — Partition.—A person holding an estate for life in two-thirds of a mill site, may demand partition between himself and the owner in fee of the remaining third.</p>