Davis v. Townsend

Citations

• 32 S.C. 112
• 10 S.E. 837
• 1890 S.C. LEXIS 17

Syllabus

<p>1. Is the covenant for further assurances embraced in the general warranty in the deed of conveyance prescribed by our statute ?</p> <p>2. Where land is conveyed to a trustee in trust “for the sole and separate use'1 of a married woman, it may be that the trust will be executed under the operations of the statute of uses and the Constitution of 1868, but it will not be executed where there is the further trust to hold “upon trusts and limitations hereafter to be by him [the trustee j declared,” even though no such further trusts are ever declared. In such case the trustee takes the legal estate, and the married woman no estate at all.</p> <p>3. Where land of a husband is sold by the sheriff during coverture, and the purchaser conveys it to a trustee in fee in trust for the wife of the judgment debtor, there is no such merger of legal estates as will destroy the wife’s inchoate right of dower (which is not an estate); but her right remains unaffected. This case distinguished from Youmans v. Wagener & Co., 30 S. C., 302.</p> <p>4. Where one conveys a tract of land in which a married woman has an inchoate right of dower, to a trustee in trust for such married woman, with the usual covenants of warranty, and the vendor takes a mortgage with general warranty from the trustee to secure the purchase money, which mortgage is afterwards foreclosed under a proceeding to which the married woman, during her husband’s life-time, is a party defendant, without any assertion on her part of her dower right, she is not estopped from afterwards claiming her dower from the purchaser at the foreclosure sale, either by the covenants in the deed and mortgage, or by her possession under the trust deed, or by the decree of foreclosure.</p>