McKenzie v. Sifford

Citations

• 52 S.C. 104
• 29 S.E. 388
• 1898 S.C. LEXIS 47

Syllabus

<p>1. RachES. — Plaintiff not guilty of laches in bringing this action.</p> <p>2. Dower. — A married woman, during coverture, cannot release her inchoate right of dower except by private examination by proper officer, as required by statute. Following Townsend v. Brown, 16 S. C., 95.</p> <p>3. Ibid. — Married Women — Cancedeation oe Instrument. — A married woman, who has executed for value a covenant or deed, binding herself to renounce her inchoate right of dower in her husband’s lands then owned, or thereafter to be acquired, cannot have such agreement amended without refunding the consideration. Mr. Justice Gary dissents.</p> <p>4. Res Judicata. — The question as to the cancellation of the ‘ ‘covenant” upon refunding the consideration is res judicata.</p> <p>5. Costs. — Judgment of Circuit Judge as to costs affirmed.</p>