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6 S.C. Eq. 191

Davis v. Rhame

Court of Appeals of South Carolina · decided 1826-07-01

The bill stated that the defendant, William Clarke, intermarried with Elizabeth, the sister of the complainant, who was regarded as an ideot: and that she died i r- i ■ m, ; ...... . not Jong after the marriage.

Decided 1826-07-01

¶1Curia, per

Nott, J.

¶2This Court concur in opinion with the Chancellor for the reasons given in the decree; and in addition to the cases cited in the decree, the case of The Ordinary v. Gieger et ux. et al. 2 Nott & M’Cord’s Rep. 151, may be referred to in support of the Chancellor’s opinion.

¶3In that case it was held by the Constitutional Court,, that where a mother had given negroes to four children* *197one of whom (a daughter) afterwards married, the possession of the other joint tenants was the possession of the married daughter, and therefore vested in the husband. And that those negroes were assets in the hands of his executor, and did not belong to the wife, who survived.

¶4Decree affirmed.

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