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11 S.C. Eq. 429

Gordon v. Stevens

Court of Appeals of South Carolina · decided 1836-07-15

• This case has already been before tbe Court of Appeals, and a decree made, allowing the defendant dower, and directing her to account for the rents and profits of the land of which she had been in possession since her husband’s death.

Decided 1836-07-15

Chancellor Johnston.

¶1I am satisfied I was wrong in sustaining the plaintiff’s first exception to the Commissioner’s report.

¶2'The Court, in May v. May, (1 Bailey, 2TT,) say, that a widow is entitled, either to interest or mesne profits up to the time her dower is allowed her: so that, in this case, injustice was done in disallowing both.

¶3The authorities quoted by the appellant’s counsel, have fully satisfied the Court, that mesne profits have always been allowed in equity.

¶4The motion to reverse so much of the circuit decree as sustains the plaintiff’s first exception to the Commissioner’s report, is reversed. Of course the report stands confirmed.

Chancellors De Sausstjre, Johnson and Harper, and Justices Gantt, Richardson, O’Neael, Evans and Butler, concurred.
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