Holley v. Glover

Citations

• 36 S.C. 404
• 16 L.R.A. 776
• 15 S.E. 605
• 1892 S.C. LEXIS 106

Syllabus

<p>1. Dower — Tenants in Common — Partition.—Where a husband acquires title to land as a tenant in common with others, his seizin is subject to the paramount right of his co-tenants to demand partition, and therefore his wife’s dower, attaching to such seizin, is subordinate to sneh paramount right, which, when enforced by a sale under decree of the court, defeats her inchoate right of dower in the land itself, even though she was not a party to the action.</p> <p>2. Ibid. — Ibid.—Ibid.—Where a wife has an inchoate right of dower in. her husband’s share of land held by him and others as tenants in common, and he conveys his interest to another, after which the land is sold for partition under decree of court in an action to which the husband was a party but not the wife, the dower is defeated — not, however, because the husband in such case was not the wife’s representative, but by the exercise of this right of partition, which was paramount to the right of dower in the interest held by the husband and by him transferred. And to such an action this wife was not a necessary party.</p> <p>3. Partition — Court of Equity. — The long established rule under which Courts of Equity have exercised the power of selling lands of tenants in common, however acquired, under proceedings for partition, approved and affirmed.</p>