Whitmire v. Wright

Citations

• 22 S.C. 446
• 1885 S.C. LEXIS 42

Syllabus

<p>1. A widow is not entitled to dower in lands held by her husband under lease. Thus where a husband during coverture held land under a lease for 999 year’s, the widow has no dower therein.</p> <p>•2. In action for dower, the defendant, by having accepted a title in fee from the demandant’s husband, is not estopped or precluded from showing that his grantor, the husband, had only a leasehold estate of which the widow was not dowable.</p> <p>3. Where a party accepts in 1853 a lease for 999 years, and thereafter, in 1863, conveys the land in fee simple, no presumption arises that he had meantime acquired the foe simple title.</p>