Gainey v. Anderson
Supreme Court of South Carolina
Before SeasE, J., Darlington, June, 1909. Action by Rebecca Gainey against Sarah M. Anderson et al. From judgment for plaintiff, defendants appeal. cite: Can a married, woman bind herself not to claim dower? 16 S. C., 91; 33 SI €., 198; 30S. C., 305; 63- S: C./l; 54 S. C., 524; 52 S. C., 104; 48 S. C., 470 ; 20 S. C., 566’; 63 S- C., 166; 15 S. C.,’ 162; 32 S. C., 116; 30 S. C., 302. ’ Does general warranty contain clear covenant against dower? 9 Rich., 378; 5 S'. €., 406; 2…
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Before SeasE, J., Darlington, June, 1909. Action by Rebecca Gainey against Sarah M. Anderson et al. From judgment for plaintiff, defendants appeal. cite: Can a married, woman bind herself not to claim dower? 16 S. C., 91; 33 SI €., 198; 30S. C., 305; 63- S: C./l; 54 S. C., 524; 52 S. C., 104; 48 S. C., 470 ; 20 S. C., 566’; 63 S- C., 166; 15 S. C.,’ 162; 32 S. C., 116; 30 S. C., 302. ’ Does general warranty contain clear covenant against dower? 9 Rich., 378; 5 S'. €., 406; 2 Strob., 81; 2 Speer., '652; 27 S. C., 198; 12 S'. C., 62; McM. Eq., 451; 11 Rich. Eq., 110" 74 S, C., 282; 54 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
In 1881, J. W. Gainey and his wife, the plaintiff herein, gave McKinnon & McNair their joint and several bonds, conditioned to pay a -debt which Gainey had contracted. At the same time, Gainey gave them a mortgage of a tract of land, owned by him, to secure the debt, and his wife duly renounced her dower thereon. This bond and mortgage were assigned to Carrigan & Silcox. In 1894, the debt being still unpaid, Gainey and wife, by their joint deed, containing the usual covenant of general warrant}'-, conveyed the land to Carrigan &…
2Cases cited9 opinions
- McCreary v. CoggeshallSupreme Court of South Carolina · 1906
- City of Florence v. BerrySupreme Court of South Carolina · 1902
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- Miller v. Farmers' BankSupreme Court of South Carolina · 1897
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- First Federal Savings & Loan Ass'n v. FinnSupreme Court of South Carolina · 1989
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