Reed v. Kennedy
Court of Appeals of South Carolina
Before Mr. Justice Evans, at Chester, Spring Term, 1847. This was an action for dower. The demandant claimed as the widow of Zachariah Reed. It appeared from the evidence that from 1804 to 1816, Zach. Reed and Joseph Reed carried on, in co-partnership, a mercantile business. During the continuance of their business they purchased several tracts of land, and paid for them out of the partnership funds.
Read the full summary
Before Mr. Justice Evans, at Chester, Spring Term, 1847. This was an action for dower. The demandant claimed as the widow of Zachariah Reed. It appeared from the evidence that from 1804 to 1816, Zach. Reed and Joseph Reed carried on, in co-partnership, a mercantile business. During the continuance of their business they purchased several tracts of land, and paid for them out of the partnership funds. Amongst others, they bought the land in controversy, of one Elliott, who executed a deed to them jointly, dated 6th October, 1806. It remained their joint property, until after the dissolution,…
1Opinion of the Court
Evans J.
delivered the opinion of the Court.
There is no doubt that by the common law a wife was not entitled to dower in land of which the husband was seized in joint tenancy. In Park on Dower, 11 Law Lib. 38, it is said, in relation to cases where the husband had aliened in his lifetime, “By analogy to the cases of estates determinable on condition, or by title paramount, it might have been supposed that the title to dower would have been held subject only to be defeated by survivorship, lor there is no essential quality in the nature of a joint tenancy which would exclude the attachment of…
2Cases cited1 opinion
- Davis v. LoganCourt of Appeals of Kentucky · 1839