Clements v. Bostwick
Supreme Court of Georgia
Equity. Injunction. Decided by Judge Yason. Calhoun Superior Court. November Adjourned Term, 1867. On the 19th of November, 1860, Clements conveyed, in fee simple, to Charles D. Bostwick, a plantation in Calhoun county. The consideration therefor was Bostwick’s promise to pay $8,870 00 in cotton, at nine cents per pound.
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Equity. Injunction. Decided by Judge Yason. Calhoun Superior Court. November Adjourned Term, 1867. On the 19th of November, 1860, Clements conveyed, in fee simple, to Charles D. Bostwick, a plantation in Calhoun county. The consideration therefor was Bostwick’s promise to pay $8,870 00 in cotton, at nine cents per pound. Of this amount, $2,217 00 was payable on the 15th of December, 1862, and $2,218 00 on the 15th of December, 1863, each bearing interest from the first of January, 1862. Clements took no security, but relied upon his vendor’s lieu. Bostwick failed to pay the two amounts last…
1Opinion of the Court
Wabkeb, O. J.
The main question presented by the record in this case for our consideration, and judgment, is, whether the widow of Bostwiek is entitled to dower in the land sold and conveyed by Clements to Bostwiek in his lifetime, to the exclusion of the vendor’s lien upon the land for that portion of the purchase money which was unpaid at the time of Bostwick’s death. By the 1753 section of the Code, dower is declared to be, the right of a wife to an estate-for-life in one-third of the lands according to valuation, including the dwelling house, (which is not to be valued unless in a town or…
2Cited by4 opinions
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- Henze v. MitchellNebraska Supreme Court · 1913
- McPhaul v. McPhaulSupreme Court of Georgia · 1920