Lewis v. Lewis

Decided November 15, 1851

Court of Appeals of South Carolina · decided 1851-11-15

Before Withers, J. at Marion, Fall Term, 1851. Covenant upon a warranty in a deed of conveyance, by the defendant’s intestate, of a parcel of land, wherein the válue of dower had been recovered against the plaintiff. He sought reimbursement. His Honor held that the right of dower having been asserted was a breach of the covenant by the intestate.

Decided 1851-11-15

Curia, per O’Neall, J,

¶1It is very true, that dower, in the lifetime of the husband, is no breach of the covenant of seizin : for it is, then, no estate, — it is a mere possibility, — and that is all which is decided by the case from 1 McC. 489.

¶2But if, after the death of the husband, dower is claimed, and assigned, or the value thereof assessed, it becomes, to the extent it is allowed, a breach of the covenant for quiet enjoyment; which, as well as seizin, is contained in our deeds.

¶3The motion to reverse the decision below, and to order a non-suit, is dismissed.

Evans, Wardlaw, Frost, Withers and Whitner, JJ. concurred.

¶4Motion dismissed.