Supreme Court of South Carolina, 1913

Knight v. Jones

Supreme Court of South Carolina · Decided January 13, 1913 · Fraser

76 S.E. 978; 93 S.C. 376; 1913 S.C. LEXIS 15 (South Eastern Reporter)

Counsel

Messrs. Simpson, Cooper Babb , for appellants, cite: Deed may be set aside if grantor is of weak understanding so as to be imposed upon: 30 S.C. 472 ; 57 S.C. 420 ; 39 Am. St. R. 238; 62 Ia. 498 ; 66 Wis. 100 ; 31 Mich. 400 ; 2 Head, 289; 3 Leigh 567; 106 Ind. 483 ; 2 Mass. 378 ; 32 Ind. 126 ; 94 U.S. 506 . Messrs. Ferguson, Featherstone Knight , contra, cite: No proof of undue influence: 90 S.C. 214 . Consideration was valuable: 64 S.C. 256 ; 90 S.C. 196 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for the cancellation of a deed made by Miss Susan Bramlett to her niece, Mrs. Kate Jones. The cause was tried before his Honor, Judge Gage. The four exceptions raise questions of fact. The decree of Judge Gage is SO' clear and so- amply sustained by the weight of the testimony, that it will not be necessary to consider the exceptions in detail.

From a careful reading of all the testimony, it is very evident to1 this Court that Miss Bramlett made just the disposition of her property that she intended to make, and secured for herself the means of living that might have failed if she had continued the indiscriminate use of her name in the signature of notes, checks and such papers at the bare request of all who1 seemed to have asked it. That she did not foresee the death of her niece, Mrs. Jones, may have been unfortunate and may not have been, but it can not invalidate the deed.

■ The exceptions are overruled and the decree appealed from affirmed.

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