Reeves v. Brayton

Citations

• 36 S.C. 384
• 15 S.E. 658
• 1892 S.C. LEXIS 109

Syllabus

<p>1. Recovery oe Real, Property. — In action for the recovery of real property, it is necessary for the plaintiff to show title in himself and the right to immediate possession.</p> <p>2. Trust — Executor—Case Criticised. — Testator devised and bequeathed the residue of his estate to L in trust for the use, benefit, and behoof of L's children, to be divided amongst them, share and share alike, and appointed L executor of the will, “with full power to execute the same, and to sell any of my real or personal estate, and to compound debts due my estate and to invest and reinvest the proceeds of the remainder and residue as trustee for his children at his discretion.” Held, that the use of the lands embraced in this residue was executed in L’s children by operation of the statute of uses, and they wore entitled to the possession, as no duty was imposed upon the trustee, the power to sell being given to him only as executor, and the power to divide applying only to such of the estate as was received by him as trustee from himself as executor on final settlement. Beeves v. Tappan, 21 S. C., 1, stated.</p> <p>3. Effect of Testimony. — Deeds offered-in evidence by plaintiffs for the purpose of showing that defendant and himself claimed title from a common source, have all the effect they would have had if no purpose had been declared.</p> <p>4. Admissions — Misunderstanding.—-Under admission by plaintiffs’ counsel, which, although not so intended, naturally induced defendant to believe that the execution of a deed in her chain of title was admitted, and therefore to consent to a present trial, plaintiffs should not have been permitted to attack the validity of such deed on the ground that it was improperly filled out after it hid been signed in blank.</p> <p>5. Grantor impeaching -Deed. — In a case between third persons, a grant- or in a deed under which one of the parties claims, is a competent witness to impeach the validity of such deed.</p> <p>6. Limitation of Actions