Murrell v. Mathews

Decided July 1, 1802

Court of Appeals of South Carolina · decided 1802-07-01

DEBT on bond, given in part payment for the consideration money of a tract of land in Georgetown district. In this case, the defendant, who had purchased the land in question, and had given his bond for the purchase-money, being apprehensive that the plaintiff’s title might not prove to be a good one, refused to pay the money until he had the . . . opinion oi the court upon the subject.

Decided 1802-07-01

¶1In this case, the Judges were all clearly of opinion, that the marriage of John Jonah Murrell, and birth of a child, gave him a conditional estate in fee in the land in question at the common law, And his having conveyed the same away during the life of such child, barred the remainder-man, and all claiming under him; and consequently, vested a good estate in fee in Matherws the defendant.

¶2Judgment for the plaintiff.

All the Judges present.

¶3 *399M. B. The statute 13 Edward I. creating perpetuities by estates tail is not in force in this country, consequently what would make an estate tail in England, is a conditional fee in South Carolina, which is alienable on the donee’s having lawful issue.