Legal Opinion

Pledger v. Ellerbe

Court of Appeals of South Carolina

Decided May 15, 1853Published

Before Frost, J., at Marlborough, Bpring Term, 1853. The report of his Honor, the presiding Judge, is as follows: “ The plaintiff demanded dower in a tract of land in possession of the defendant. Her marriage to Wm. E. Pledger and his death were proved. To prove seizin, a deed from George Bruce, Commissioner in Equity, to William E. Pledger, was produced.

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Before Frost, J., at Marlborough, Bpring Term, 1853. The report of his Honor, the presiding Judge, is as follows: “ The plaintiff demanded dower in a tract of land in possession of the defendant. Her marriage to Wm. E. Pledger and his death were proved. To prove seizin, a deed from George Bruce, Commissioner in Equity, to William E. Pledger, was produced. The deed recited certain proceedings in the Court of Equity, by which the tract of land described in the deed, was ordered to be sold, the sale at public auction and the purchase by Wm. E. Pledger, for the sum stated as the consideration ;…

1Opinion of the Court

The opinion of the Court \vas delivered by

Glover, J.

The grounds of appeal present two questions for the consideration and judgment of the Court:

1. Was there such a seizin of her husband in the land as will confer on the demandant a title to dower?

2. Was the instrument, introduced on the part of the defendant, effectual as a mortgage ?

1. An actual seizin, or seizin in deed, is not indispensable to sustain a widow’s title to dower. It is sufficient that her husband had, during the coverture, a seizin in law. In this, dower and curtesy differ; the reason assigned for the distinction being, that…

2Cases cited2 opinions

  1. Davis v. DarrowNew York Supreme Court · 1834
  2. Parker v. ParkerMassachusetts Supreme Judicial Court · 1821

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