Buffington v. Smith

Decided November 15, 1806

Supreme Court of South Carolina · decided 1806-11-15

Assumpsit on a note of hand, tried before Grimke, J., in Spar-tanburgh District. The defendant proved that the note was given for the plaintiff’s dower in 640 acres of land. The assignment of her dower was produced, by which it appeared that she had assigned all her right of dower, in, and to the said land, but did not warrant the same, nor set forth in the deed that she was entitled to dower, to the whole or any part of the land in question.

Decided 1806-11-15

Waties, J.,

¶1delivered the opinion of all the judges, except Bay, J., absent, sick. The deed of assignment contains no covenant of warranty; nor does it specify any particular quantity oí interest which the plaintiff was entitled to assign ; but contains a general assignment of all her right of dower in the tract mentioned. The defendant seems to have bought her claim of dower, more or less, upon a speculation, and is not entitled in law or equity to reclaim any of the price stipulated to be paid.

¶2New trial refused.