Leasing Enterprises, Inc. v. Livingston

363 S.E.2d 410 (1987)

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Leasing Enterprises, Inc. v. Livingston

South Carolina Court of Appeals
363 S.E.2d 410 (1987)

CS

Facts

Joe Livingston (defendant) entered into a lease-purchase agreement for a forklift with Leasing Enterprises Inc. (Leasing) (plaintiff) in California in 1980. As part of the financing documentation for the agreement, Livingston told Leasing that he owned one-half interest in 37 acres of land in South Carolina. Livingston eventually failed to comply with the terms of the agreement. Leasing obtained a judgment against Livingston in California in 1981 that was never satisfied. In 1984 Leasing filed an action in South Carolina to claim against the land that Livingston supposedly owned jointly with his mother, Margaret Schlee (defendant). Livingston failed to appear in the case and was found to be in default. Schlee claimed that Livingston had transferred his interest in the South Carolina land to her in 1977 by a quitclaim deed. The deed was executed in California and only had one witness signature. The deed was submitted for recording in South Carolina in 1983, although South Carolina required at least two signatures to a deed for it to be valid and entitled to recording. Leasing claimed that the deed failed against its claim because the deed had been flawed and therefore not properly recorded. The master-in-equity set aside the conveyance from Livingston to Schlee. Schlee appealed.

Rule of Law

Issue

Holding and Reasoning (Cureton, J.)

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