Reid v. Stevenson

Court of Appeals of South Carolina

Reid v. Stevenson

37 S.C.L. 66

DecidedAugust 15, 1846

StatusPublished

This text of 37 S.C.L. 66 (Reid v. Stevenson) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reid v. Stevenson, 37 S.C.L. 66 (S.C. Ct. App. 1846).

Pincite

Opinion

Curia, per

Frost, J.

In this case the presiding Judge erred in deciding, that it was necessary for the demandant to shew title in her husband to the land in dispute, in order to establish her claim to dower. In Forrest vs. Trammell, 1 Bail. 77, it was held that the demandant in dower need not. make out a regular chain of title in her husband ; but that it is sufficient for her to show that he had been in possession during the coverture ; and it is then incumbent on the defendant to shew a paramount title in himself.

The motion is granted. •

Richardson, O’Neall, Evans, Butler and Ward-law, JJ. concurred.

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Curia, per

Frost, J.

In this case the presiding Judge erred in deciding, that it was necessary for the demandant to shew title in her husband to the land in dispute, in order to establish her claim to dower. In Forrest vs. Trammell, 1 Bail. 77, it was held that the demandant in dower need not. make out a regular chain of title in her husband ; but that it is sufficient for her to show that he had been in possession during the coverture ; and it is then incumbent on the defendant to shew a paramount title in himself.

The motion is granted. •

Richardson, O’Neall, Evans, Butler and Ward-law, JJ. concurred.

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Bluebook (online)

37 S.C.L. 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reid-v-stevenson-scctapp-1846.