McDaniel v. Anderson

Citations

• 19 S.C. 211
• 1883 S.C. LEXIS 72

Syllabus

<p>1. An instrument under seal was signed by certain children of one A., whereby they jointly and severally agreed to account, at the death of said A., at a new valuation, presently to be made, for lands previously received by them, and to pay to A.’s executors whatever sums might be necessary to equalize all of A.’s children. Held, from the terms of the paper, itself, and from parol evidence, to be inoperative because not signed by all of A.’s children, who had received lands from their father.</p> <p>2. A deed of conveyance, signed, sealed and recorded, will be considered as delivered, there being nothing to the contrary, except the absence of the conveyee at the time.</p> <p>3. Parties who have received the proceeds of land sold for partition as the property of their deceased brother, cannot deny his title to such land.</p> <p>4. A finding of fact by the Circuit judge from written testimony, reversed because without any evidence to sustain it.</p> <p>5. Married women are not bound by their execution in 1860 of a personal covenant to account and make payments of money for equality of shares.</p>