Bethune v. McDonald

Citations

• 35 S.C. 88
• 14 S.E. 674
• 1892 S.C. LEXIS 164

Syllabus

<p>1. Findings of Fact — Estoppel.—A purchaser of land under mortgage resisted its foreclosure upon his allegation .that at the time of his purchase he was told by plaintiff’s assignor, then the owner of the mortgage, to go ahead and buy as there would be enough left to pay him. This was denied, and the Circuit Judge found that the defence was not sustained in fact nor sufficient in law, and these rulings wore approved on appeal.</p> <p>2. Foreclosure — Outstanding Incumbrance. — The owner of land cannot, on the ground of an outstanding dower incumbrance, resist a foreclosure of a mortgage On the land, ho never having been evicted.</p> <p>3. Conveyance of Dower.. — After the death of the husband, renunciation of dower by the widow is not the proper means of conveying her dower claim. And the renunciation in this case having been made on the deed of her son to a purchaser from him amounted to nothing more than a renunciation of all claim of dower against this purchaser, and did not operate as an assignment of her dower claim so as to enable this purchaser to assert it against a mortgage given by the son while the owner of the land.</p>