Lewis v. Lewis

CourtListener 7470140Scctapp15 nov 1851

Testo completo

Curia, per O’Neall, J,
It is very true, that dower, in the lifetime of the husband, is no breach of the covenant of seizin : for it is, then, no estate, — it is a mere possibility, — and that is all which is decided by the case from 1 McC. 489.

But if, after the death of the husband, dower is claimed, and assigned, or the value thereof assessed, it becomes, to the extent it is allowed, a breach of the covenant for quiet enjoyment; which, as well as seizin, is contained in our deeds.

The motion to reverse the decision below, and to order a non-suit, is dismissed.

Evans, Wardlaw, Frost, Withers and Whitner, JJ. concurred.

Motion dismissed.

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