Munro v. Jeter

Citations

• 24 S.C. 29
• 1885 S.C. LEXIS 70

Syllabus

<p>1. Neither a party in possession of land under an agreement to purchase, nor his heirs, can claim title by adverse possession.</p> <p>2. lias a Circuit Judge jurisdiction to adjudge the right to homestead when asserted before him by the widow in an action to marshal the assets of her deceased husdand ?</p> <p>3. A decree by a Circuit Judge denying to the widow and children of one deceased a right of homestead in land which was held by the. deceased under a contract to purchase, is not res judicata preventing the determination of a subsequent application for homestead — the purchase money being unpaid at the date of the decree, but fully paid at the time of the subsequent application.</p> <p>4. Homestead may be demanded in land hold by an equitable title only. IVhere a party held land under an agreement to purchase, and after his death the purchase money was paid in full by the sale of a portion of the land, but no title deed was ever executed, the widow and children are entitled to their homestead out of the unsold remainder.</p> <p>5. Qaraty Armstrong v. DuBose, (5 S. O., 493,) explained and limited.</p>