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3 S.C.L. 190

Murrell v. Mathews

Supreme Court of South Carolina

Decided November 15, 1802

Supreme Court of South Carolina · decided 1802-11-15

This was an action of debt on bond, in which the jury found the following special verdict : “ We find that Robert Murrell by his last will and testament, legally executed, and bearing date the 20th of March, 1789, did, inter alia, make the following devise: ‘I give to my son, John Jonah Murrell, all my lands, wheresoever they may be, to him, and the lawfully begotten heirs of his body.

Decided 1802-11-15

The court

¶1were of opinion, that the plaintiff, by force of the devise in question took an estate, in fee simple conditional at common law ; and that by having issue the condition was performed, so as to enable him to aliene : and that having aliened after such *191performance, and in the life time of the issue, the estate so aliened became absolute in the purchaser. 2 Bl. Com. 110. Co. Litt. 18, 19. 2 Bac. Abr. 257. The verdict was, therefore, ordered to be entered for the plaintiff. The court were also of opinion, that any form of conveyance, used in the transfer of real estate in this State, such as lease and release, feoffment, or bargain and sale, as prescribed by A. A. 1795, is of sufficient validity and operation to bar the issue of a donee of the fee conditional, or the ieVersioner.

¶2Judgment for plaintiff.

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