53 S.C. 483 | S.C. | 1898
The opinion of the Court was delivered by
The plaintiff brought this action to recover damages for the breach o'f a covenant entered into by the testator, Hewlett Sullivan, under his hand and seal; and the defendants, in their answer, allege that the said Hewlett Sullivan, in his lifetime, conveyed a large tract of land to the wife of the plaintiff, upon certain trusts therein declared, in consideration whereof the plaintiff agreed to release, and did release, the said Hewlett Sullivan from all liability under the aforesaid covenant. No evidence was offered of any separate release of such liability, either in writing, sealed or unsealed, or by parol; but the' contention was that the true consideration of said deed was the release of the said Hewlett Sullivan from his liability under the said covenant. The deed was offered in evidence by the defendants, and it proved to be a deed from Hewlett Sullivan to M. Louisa Latimer, bearing date the 12th of
From an examination of the terms of the deed relied on by defendants, it will appear that there is no hint or suggestion therein contained that it was executed in satisfaction of the claim upon which the plaintiff sued, or in consideration of a release of such claim, and nothing to show that such was its object or purpose. On the contrary, the consideration mentioned in the deed is natural love and affection — a good consideration — and there is nothing whatever in the deed which even tends to show that a valuable consideration was in the minds of the parties; and the declared object of the deed was “that my said nephew, Jas. H. Lati-mer, his wife and children, shall always have a home and the means of a comfortable support.” We lay no great stress on the use of the words “give” and “giving,” though those words are exactly in accordance with the consideration
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.