Miller v. Farmers' Bank

Citations

• 49 S.C. 427
• 27 S.E. 514
• 1897 S.C. LEXIS 182

Syllabus

<p>1. Dower — Finding of Fact. — The testimony in jthis -case_does-not-show any agreement between the third mortgagee and wife of mortgagor, by which her renunciation of dower became inoperative.</p> <p>2. Ibid. — If before coverture the husband encumber his land, which Ts sold durin ^coverture to satisfy, .encumbrance, the .wlfe^has no dower in the 7a:«fl?,_b,uthas in stirMu^érncceds.</p> <p>3. Ibid. — If during coverture,theJnigland encumber his land, and the wife does not renounceJier jdght ofjlow.er,.sh.e. has dower in the land.</p> <p>4. Ibid. — If during coverture the husband encumber his land, and the wife renounces her right of dower in the land, she has no dower in the land.._</p> <p>5. Ibid. — Parties—Foreclosure.—When the wife renounces]ifir.right-of dower, she is not a necessary party to foreclosure, to bar her recovery of dowéñ</p> <p>6. Ibid. — Ibid.—Ibid.—Where a wife renounces her right of dower on a third mortgage, and sucETmortgagee isTTparty to a suit in foreclosure by a senior_mortgagee, tFeJlufchaser at foreclosure sale takes the land freed from her rightjof dower.</p> <p>7. Exception too general.</p>