Youmans v. Wagener & Co.

Citations

• 30 S.C. 302
• 3 L.R.A. 447
• 9 S.E. 106
• 1889 S.C. LEXIS 97

Syllabus

<p>1. Whore a wife becomes the owner in fee of land of which her husband had previously been seized during coverture, her inchoate right of dower under her husband’s seisin is merged in her own fee-simple title; and she haring conveyed this land to another, before her husband’s death, she cannot after his death recover dower of her vendee. Mr. Justice McIver concurred in the result upon the ground that the warranty in her deed operated by way of estoppel to convey her subsequently vested estate of dower.</p> <p>2. It seems that a question raised in the appeal from the Probate Court, but not considered by the Circuit Judge, cannot properly be raised by respondent here in support of the Circuit decree in the absence of a notice to appellant to that effect. Mr. Justice McIvér, dissenting.</p>