Carnes v. Carnes

Decided May 15, 1810

Supreme Court of South Carolina · decided 1810-05-15

Motion to reverse a decision made by Brevard, J., in Lancaster district, on a writ of partition, the question was, whether a tract of land, or any part thereof, ought to be included in the writ. The facts were these : Jane Carnes, widow of the intestate, had been, before her marriage with the intesfate, married to James White, after whose death she married Carnes, and with her second husband, sued out a writ of partition of the estate of her first husband, who died intestate.

Decided 1810-05-15

¶1May 1st, 1810.

Smith, J.,

¶2delivered the resolution of the court, confirming the decision of the District Court. The judgment of the court on the partition of White’s estate, expressly vests the estate in question, in Jane Carnes. The court, which rendered that judgment, might, perhaps, have vested the estate in William Carnes, and his wife, jointly, or ordered the $323 38, to be paid out of the wife’s estate. But this was not done ; and it must be presumed that it was the intention of the court to vest the land in the wife, solely and absolutely. > And it ought to be regarded as a reasonable provision for her use and benefit, not subject to the disposal of the husband, especially as he received by her a considerable personal estate, nearly equal, to what they were to pay for the part of the land to which Mary White was entitled.

¶3Motion rejected.