Middleton v. Taber & Willard

Citations

• 46 S.C. 337
• 24 S.E. 282
• 1896 S.C. LEXIS 62

Syllabus

<p>1. Supreme Court — Constitution op 1895. — Where the Constitution of 1868 provided for a Supreme Court of three, and the Constitution of 1895 for one of four, and the Constitution of 1895 provided that the Chief Justice and two Associate Justices should hold as such Chief Justice and Associate Justices of the Court Under Constitution of 1895; that all laws in conflict with its provisions requiring legislation to enforce them, should remain of force until proper legislation is had; and that the Legislature at its next session should elect a third Associate Justice; the Court, as organized under the Constitution of 1868, had jurisdiction to hear any cause pending therein before the meeting of the Legislature at which the third Associate Justice was to be elected- — construing secs. 2, 3, 6, 12, and 34 of ait. V. and.secs. 6 and 11 of art. XVII. of Constitution of 1895.</p> <p>2. Ibid. — Ibid.—The Constitution of 1895 does not abolish the Supreme Court of the Constitution of 1868, and create a new Court, but simply continues it and adds one more Justice.</p> <p>3. Ibid. — -Constitutional Question. — The Supreme Court of three, as organized under the Constitution of 1868, had jurisdiction to hear any constitutional question in a cause pending before the first meeting of the Legislature, as provided in the Constitution of 1895, at which the third Associate Justice should be elected — construing secs. 3, 6, and 34 of art. V., and sec. 6 and sub. 9 of sec. 11 of art. XVII. of the Constitution of 1895.</p> <p>4. Deed op Assisnment — Habendum.—The deed of assignment in this case contains no habendum clause, but in the granting clause conveys the property to the assignee, “his heirs, executors, administrators, and assigns.” Held to pass a fee.</p> <p>5. Deed oe Assignment — Trust—Limitations.—The general rule is, that when a trust is created, a legal estate sufficient for the purposes of the trust shall, if possible, be implied in the trustee, whatever may be the limitatio