Sweatman v. Edmunds

Citations

• 28 S.C. 58
• 5 S.E. 165
• 1888 S.C. LEXIS 16

Syllabus

<p>1. One who purchases land, is let into possession, and pays the purchase money is entitled to specific performance, and for all practical purposes must be regarded as the owner. It does not alter the case if part of the purchase money is paid after his death.</p> <p>2. AYhere vendee took possession of land under agreement to purchase, partly paid the purchase money and died intestate, and the payments were then completed for him, upon which the vendor made deed to the widow alone, such deed was a fraud upon the two-thirds interests of the children of the vendee. The plea of bona fide purchaser for valuable consideration without notice is purely equitable and cannot be interposed as a good defence against the legal title.</p> <p>3. These children were certainly entitled to their interests in the land as against subsequent purchasers from their mother with actual notice of the children’s claim, or with that notice which the law implies from their residence with their aunts on a part of this land.</p>