Johnson v. Thompson

Decided November 15, 1814

Court of Appeals of South Carolina · decided 1814-11-15

This case depended upon the construction of a deed of gift which a father made of certain personal property to a daughter who was then a married woman. Her husband disposed of the property — The complainants, who Wore the children of the donee, the daughter, contended that the father intended to give a seperate estate to their mother, not subject to the debts or the disposition of her husband. And of that opinion ivas the judge who tried the case, who decided accordingly.

Decided 1814-11-15

¶1After argument the court made the following decree:

¶2We are of opinion that the decree of the Circuit Court ought to he affirmed. The property in dispute be--jug given to the mother of the complainants after marriage. *459it may be fairly inferred from the words of the deed, that the intention of the father, the donor, was to give to her a separate estate, which her husband had no right to dis-. gose of in any manner.

Farrow and Gist for appellant.Gist and Johnson for respondents

¶3It is therefore ordered and adjudged, that the decree of the Circuit Court be affirmed.

Henry W. Desaus sure,Theodore Gaxixak®,(Signed) Thos. Waties,W. D. James,W. Thompson.