Supreme Court of South Carolina, 1910

Arledge v. Arledge

Supreme Court of South Carolina · Decided July 5, 1910 · Gary

68 S.E. 549; 86 S.C. 237; 1910 S.C. LEXIS 38 (South Eastern Reporter)

Counsel

Messrs Hart Hart , for appellants, cite: Alteration in the meaning of issue by judicial decisions: 2 Hill's Ch., 198; 5 Rich. Eq., 443; 16 S.C. 311 ; 35 S.C. 330 ; 40 S.C. 75 ; 46 S.C. 370 ; 67 S.C. 308 ; 83 S.C. 269 ; 84 S.C. 355 ; 82 S.C. 211 ; 47 S.C. 295 ; McM. Eq., 457; 3 Strob. Eq., 457; 6 Rich. Eq., 36. Intention in construction of a deed: 46 S.C. 370 . The warranty clause: 5 Rich. Eq., 448; 51 S.C. 559 ; 78 S.C. 191 ; 36 S.C. 301 ; 77 S.C. 173 ; 84 S.C. 427 ; 78 S.C. 191 ; 67 S.C. 121 . The granting clause: 40 S.C. 475 ; 80 Am. Dec., 242; 24 S.C. 235 ; 10 Rich., 69. Messrs. Witherspoon Spencer , contra, cite: Issue is presumed in deed to be word of limitation: 83 S.C. 265 ; 67 S.C. 307 ; 76 S.C. 484 ; 40 S.C. 468 ; 73 S.C. 469 ; 35 S.C. 314 ; 46 S.C. 362 ; 67 S.C. 133 . Intention to use word as one of limitation is manifest: 2 Strob., 158; 35 S.C. 315 ; 11 Rich. Eq., 398. If issue took as purchasers they took in remainder and in fee: 15 S.C. 277 ; 46 S.C. 357 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for specific performance of a contract. The facts are fully stated in the decree of his Honor, the Circuit’ Judge, which will be reported.

■The question presented by the exceptions is whether there was error on the part of the Circuit Judge in ruling, that in the deed under which all the parties claim, “issue” is a word of limitation. As a similar question has undergone judicial investigation in the recent case of Williams v. Gause, 83 S. C., 265, we deem it only necessary to cite this case to show that “issue” mentioned in the deed is a word of limitation and not of purchase. The appellant’s attorneys were permitted to review the case of Williams v. Gause, 83 S. C., 265, but the Court adheres to the views therein expressed.

It is the judgment of this Court that the judgment of the Circuit Court be affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.