Woodward v. Woodward
| Court | United States State Supreme Court of South Carolina |
| Citation | 69 S.E. 232,87 S.C. 247 |
| Decision Date | 11 November 1910 |
| Parties | WOODWARD v. WOODWARD et al. |
69 S.E. 232
(87 S.C. 247)
WOODWARD
v.
WOODWARD et al.
Supreme Court of South Carolina.
Nov. 11. 1910.
[69 S.E. 232]
1. Dower (§ 78*)—Rights and Remedies of Widow—Pleading.
In an action for dower, the. widow need not allege the date of her marriage.
[Ed. Note.—For other cases, see Dower, Cent. Dig. § 281; Dec. Dig. § 78.*]
2. Dower (§ 78*)—Rights and Remedies of Widow—Pleading.
A complaint by a widow, which sets out that she claims dower by virtue of the seisin by her husband during coverture in certain lands described, is sufficiently definite and certain.
[Ed. Note.—For other cases, see Dower, Cent. Dig. §§ 277-282; Dec. Dig. § 78.*]
3. Dower (§ 78*)—Rights and Remedies of Widow—Pleading.
In an action by a widow for dower, general allegations as to who is in possession of the lands in controversy are sufficient; these facts being peculiarly within the knowledge of the defendants.
[Ed. Note.—For other cases, see Dower, Cent. Dig. §§ 277-279; Dec. Dig. § 78.*]
4. Appeal and Error (§ 103*)—Decisions Reviewable—Motions as to Pleadings.
An order refusing to strike out allegations in the pleading as irrelevant and redundant is not appealable.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 704; Dec. Dig. § 103.*]
Appeal from Common Pleas Circuit Court of Lee County; T. S. Sease, Judge.
Action by Emma B. Woodward against Hosea W. Woodward and Henry Woodward. From an order overruling a motion to strike out parts of the complaint, defendants appeal. Appeal dismissed.
McLeod & Dennis and M. L. Smith, for appellants.
McLauchlin & Tatum, for respondent
HYDRICK, J. This is an action for dower. The complaint alleges "that on the — day of October or December, 1888, " the plaintiff and John Frierson Woodward were married, and that, during her coverture with him, he "was seised and possessed in fee of the following tracts of land." Thereafter 13 tracts are particularly described in the complaint, but not in numerical or successive order. After the description of 11 tracts, each under a separate subdivision, the fifth paragraph of the complaint follows, in which it is stated which of the defendants has possession of each of the tracts previously described. Then follow paragraphs 6 and 7, which describe two more tracts. The eighth and last paragraph is as follows: "That the plaintiff is entitled to her dower in all of the tracts of land above described, and the same is withheld from her by these defendants." The defendants moved for an order to strike...
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Winchester v. United Ins. Co., 17298
...146; Cooper v. Atlantic Coast Line R. Co., 78 S.C. 562, 59 S.E. 704; McCandless v. Mobley, 81 S.C. 303, 62 S.E. 260; Woodward v. Woodward, 87 S.C. 247, 69 S.E. Page 534 'Upon trial, however, appellant will not by the order appealed from or this opinion be precluded or in any wise prejudiced......
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Givens v. North Augusta Electric & Improvement Co
...allegation even though a motion to strike it out has been refused. The refusal of such a motion is not appealable. Woodward v. Woodward, 87 S. C. 247, 69 S. E. 232, and cases cited. Therefore, if the refusal of the motion to strike out is held to conclude the matter and to be binding on the......
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Givens v. North Augusta Elec. & Imp. Co.
...allegation even though a motion to strike it out has been refused. The refusal of such a motion is not appealable. Woodward v. Woodward, 87 S.C. 247, 69 S.E. 232, and cases cited. Therefore, if the refusal of the motion to strike out is held to conclude the matter and to be binding on the t......
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Rowland Warehouse Co. v. Sumter Packing Co., Inc., 13139.
...possession of the defendant, and it was especially charged with the obligation of not overloading it. In the case of Woodward v. Woodward, 87 S.C. 247, 69 S.E. 232, which is cited by plaintiff's counsel, the action was for dower; the plaintiff alleged ""that on the -- day of October or Dece......