BLACKWELL v. HARRELSON

Messrs. Robt. B. Scarborough and W.F. Stackhouse, for appellant, submit: The expectant estate of C.H. Harrelson was a subject of alienation: 3 McC. 411; 4 DeS. 651; 17 S.C. 592; 21 S.C. 55; 2 Pom. Eq. Juris., sec. 953; 3 Ib., sec. 1287. His deed operated by way of estoppel: 71 S.C. 67; 93 S.C. 258. Its record gave notice to creditors and purchasers: Civil Code, sec. 3542. The rights of the grantee accrued prior to the extention of credit, or rights of plaintiff, distinguishing 21 S.C. 212. Purchaser's rights measured by those of the judgment debtor: 28 S.C. 223; 2 Rich. Eq. 185; 93 S.C. 254, distinguished. Messrs. Henry Buck and A.F. Woods, for respondent, submit: Deed of expectant devise not effective until death of testatrix: 1 McC. 517; 36 S.C. 43; 73 S.C. 469; 5 Rich. 9. Record prior to acquisition of title not notice to creditors: 93 S.C. 254; 95 S.C. 347; 21 S.C. 212; 28 S.C. 223. Deed conveyed only such interest as grantor had at date of its execution: 4 McC. 96; 75 S.C. 437; 85 S.C. 438; 96 S.C. 145; and no further interest: 37 Am. Dec. 130; 73 N.W. 932; 5 Rich. 9; 36 Am. St. Rep. 558: and the estoppel cannot apply to after-acquired interest: 71 S.C. 67, distinguished. Quitclaim deed: 34 S.C. 559; 58 Am. Dec. 575; 38 N.E. 334; 126 S.W. 655; 75 A. 73.