Shiell v. Sloan

Citations

• 22 S.C. 151
• 1885 S.C. LEXIS 7

Syllabus

<p>1. A widow is dowable of her deceased husband’s interest in lands held by him in joint-tenancy during coverture.</p> <p>2. But whore such right attached at the marriage upon land then subject to a charge, a subsequent sale in satisfaction of such charge defeated the right of dower.</p> <p>3. A and B wore devisees of a city lot, charged with the duty of paying to their mother an annuity of 8500 during her life, and of providing for her a comfortable house to live in. A afterwards married. The buildings having been destroyed by fire, the two sons filed a bill against their mother and the contingent remaindermen, praying a sale of portions of the lot for the purpose of enabling complainants to build upon the remainder, and to pay arrears of the annuity; in this prayer the mother joined, and portions of the lot were sold. B died and A subsequently filed a second bill against the same defendants for a sale of other portions of said original lot to complete the payments due for the building erected and for arrears of the annuity; and other unimproved portions of the lot were sold. Afterwards A died and Iris widow claimed dower from these purchasers. Held, that she was not entitled to dower in the portions of the lot so sold.</p>