53 S.C. 187 | S.C. | 1898
The opinion of the Court was delivered by
This action was commenced 8th September, 1897, in the Court of Common Pleas for Pick-ens County. The complaint substantially alleges: First. That the plaintiff, Raymond 0. Hunt, is a minor over fourteen years of age, and appears by his guardian ad litem, T. P. Hunt. Second. That Eveline Hunt, who died on 14th March, 1890, intestate, left as her surviving children the plaintiffs and defendants, H. M. Brock and E. H. Brock, and also A. R. Hunt, who is represented by C. E. Hollings-worth, which four children and her husband, T. J. Hunt, were her heirs at law. Third. That on the 22d July, 1867, one Esli Hunt made and delivered to his daughter, Eveline Hunt, his deed, whereby he conveyed to her 300 acres of
The answer of the defendant, C. R. Hollingsworth, admits
The action now at bar was heard by Judge Buchanan, and on- the day of 1898, his decree was hied, wherein he held: That there were two questions of law presented: “(1) Whether under the proceedings had in the former action the conveyance of the 109 acres of land is to be considered as an advancement, or whether it was intended by this conveyance to allot to H. M. and E. H. Brock what might be their portion of the fee conditional lands, in case of the death of said Eveline Hunt; and (2) if the said conveyance was intended as an advancement, whether the said H. M. Brock and E. H. Brock should be required to account for the value thereof in the division of the balance of the fee conditional lands.” The Circuit Judge held that, considering that each answer in the former case sought to charge H. M. and E. H. Brock with the 109 acres as an advancement to be accounted for in the settlement, not for the fee conditional lands, but of her estate, which estate consisted of lands other than the fee conditional lands and also personal property, and that such was so understood by the Court and all the parties concerned, the 109 acres so received by H. M. and E. H. Brock was an advancement by their mother in her lifetime, and can only operate in the settlement of the estate of Mrs. Eveline Hunt. He also held that A. R. Hunt hav
"The Circuit Judge held in considering the second question that this advancement to H. M. Brock and B. H. Brock of the 109 acres by their mother, could not be brought into the matter of the partition of the 132 acres of the fee conditional lands, but that they each were entitled to one-fifth part thereof. He provided in his decree, as the 132 acres had already been sold under a consent order in the action at bar, each of the plaintiffs, and H. M. and B. H. Brock and C. B. Holllingsworth, were entitled to be paid the one-fifth part of the proceeds of sale by the clerk of court, who was custodian of said proceeds.
The appeal is intended to question the correctness of this decree of Judge Buchanan, and the grounds are as follows: 1. Because the Circuit Judge erred in holding that the appellants were and are estopped from raising the claim that H. M. and B. H. Brock are not entitled to a full share in the balance of the fee conditional lands, without any deduction on account of the conveyance to them of the 109 acres. 2. That he erred in holding that the appellants are estopped by their pleadings in the case of Brock v. Hunt et al., the testimony adduced by them, and the decrees therein filed, from claiming that the conveyance to H. M. and B. H. Brock of the 109 acres was anything else than an advancement. 3. That the pleadings and evidence in the former case showing Bidie Owings (nee Hunt) and Raymond O. Hunt were minors, and their answers being merely formal and dependent upon the Court for the protection of their rights, his Honor erred in holding that they are now es-topped by said pleadings to contend the respondents, H. M. and B. H. Brock, are not entitled to a full share in the fee conditional lands, and that the 109 acres were conveyed to the Brocks as advancements; and that he further erred in holding that said persons, then minors, are now estopped
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.