Robertson v. Curlee
Supreme Court of South Carolina
Before Aedrich, J., Fairfield, March, -igoo. Petition in probate court by Martha Amanda Robertson against James R. Curlee. From order refusing motion of defendant to require his warrantors, Thomas K. Elliott and Thomas H. Ketchin, to come in and defend their title, the defendant and his warrantors appealed.
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Before Aedrich, J., Fairfield, March, -igoo. Petition in probate court by Martha Amanda Robertson against James R. Curlee. From order refusing motion of defendant to require his warrantors, Thomas K. Elliott and Thomas H. Ketchin, to come in and defend their title, the defendant and his warrantors appealed. From Circuit order affirming, same parties appeal. cites: Warranty protects against contingent right of dower: 5 Rich., 12; 9 Rich., 374; 5 S. C., 405; 12 S. C., 62; 27 S. C., 193. Warrantor having been notified, is bound by the judgment: 1 Strob., 65, 448; 1 Hill, 27. Practice is to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This was a proceeding commenced by the plaintiff in the probate court against the, defendant, James R. Curlee, to 'have dower assigned to her in two tracts of land aggregating about 1,200 acres, alleged to be in the possession of James R. Curlee. The petition was filed on the 2,7th day of July, 1899. On the 18th of August, 1899, •James R. Curlee filed his answer, in which he alleged among other things that one of the tracts of land had been conveyed to him by Thomas K. Elliott and Thomas H. Ketchin; that the said grantors expressly…
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