Garvin v. Ingram
Court of Appeals of South Carolina
BEFORE WARDLAW, CI-L, AT BARNWELL, . Every thing necessary to a full understanding of this case, may be found in the Circuit Decree, which is as follows : Wardlaw, Ch. Lucy E. born Dunbar, married 1st, Patrick, who died intestate, leaving some estate of which his widow, Lucy, and two daughters, Caroline, who became the wife of W. W. Garvin, and Laura, who became the wife of J. J. Wood, were the distributees. 2nd.
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BEFORE WARDLAW, CI-L, AT BARNWELL, . Every thing necessary to a full understanding of this case, may be found in the Circuit Decree, which is as follows : Wardlaw, Ch. Lucy E. born Dunbar, married 1st, Patrick, who died intestate, leaving some estate of which his widow, Lucy, and two daughters, Caroline, who became the wife of W. W. Garvin, and Laura, who became the wife of J. J. Wood, were the distributees. 2nd. Minor, her overseer, who died without issue of the marriage and intestate, leaving her lands improved in value by his good management; and 3d, on July 15, 1847, B. F. Ingram, her…
1Opinion of the Court
The opinion of the Court was delivered by
-Dunkin, Ch.
It is very difficult to add anything to the reasoning of the circuit decree, or the authorities there cited. The Act of 1795 was not intended to violate any principle of the common law. In Durant vs. Ritchie, 4 Mason, 45, the subject is discussed by Mr. Justice Story with his usual ability and diligence of investigation. After noticing that, by the common law, the only mode by which a wife could make a valid conveyance of her real estate, was by fine or common recovery, he states that the reason of her general disability may have arisen…
2Cases cited1 opinion
- Durant v. RitchieU.S. Circuit Court for the District of Massachusetts · 1825