Kincaid v. Anderson

Citations

• 33 S.C. 260
• 11 S.E. 766
• 1890 S.C. LEXIS 138

Syllabus

<p>1. The interest of a wife in land conveyed to her prior to the adoption of the Constitution of 1858 (which declared that all the property of a married woman should be her separate estate), is the wife's separate property, notwithstanding the husband’s right to the usufruct during their joint .lives, under his marital rights which vested before 1868 and were not divested by the constitution then adopted.</p> <p>2. A married woman is hound by a mortgage given by her to secure money then borrowed to pay off a judgment against her, and to pay taxes on her inheritance.</p> <p>3. A married woman is not bound by a mortgage given by her to secure the purchase money of mules and supplies sold to her at her solicitation, and after her representation, that they were needed for the cultivation of her lands, where the mortgagee knew that the husband was legally in the possession and control of said lands, and that these mules and supplies were to be used by him in making crops for himself. Mr. Justice McGowan, dissenting as to the mules.</p>