A. D. 1912. dower, how provements. Civ. '02, S 2405. 64; Mey v. Mey, Rich. Eq., Ca., 378; Gordon v. Stevens, 2 Hill. Ch., 49 Woodward v. Woodward, 2 Rich. Eq., 23; Henagan v. Harllee, 10 Rich. £4. 285; Clarke v. Tompkins, 1 S. C., 119; Stewart v. Pearson, 4 S. C., 4: Phinney v. Johnson, 15 S. C., 158. Return must show appraise value d land as well as assessment.-Wright v. Jennings, 1 Bail., 277; McCreery 1 Cloud, 2 Bail., 343. One-sixth of appraise value of lands proper assessment for dower.-Wright v. Jennings, 1 Bail., 277; Payne v. Payne, Dud. E 124; Stewart v. Blease, 4 S. C., 37; Jeffries v. Allen, 34 S. C., 189; 13 SE 365. One-third value of fee simple excessive.-Heyward v. Cuthbert, Brev., 482. Court may correct assessment.-Payne v. Payne, Dud. Eq., 12 How dower assessed in surplus after encumbrances.-Keith v. Trapier, B Eq., 63; Davidson v. Graves, Bail. Eq., 268; Stoppelbein v. Shulte, 1 HL 200. Value of Sec. 3165. On all assessments of dower against a purassessed: im-chaser, in behalf of a widow of a former owner, the value of the land at the time of alienation by the husband, with interest from the accrual of the right of dower, shall be taken and received by the Courts of this State as the tru value on which to assess the said dower: Provided, That in all cases, whether the alienation be prior or subsequent to the death of husband, the value of the land, without refer ence to improvements put on it, shall be taken and received as the true value on which to assess the said dower. How assessed when hus. The provisions of this Section as to interest relate only to cases where the land has been aliened during coverture.-McCreary v. Cloud, 2 Bailey, 343 Value at time of alienation, not improved value.-Russel v. Gee, 2 M 254; Brown v. Duncan, 4 McC., 346. But where lands were sold und judgment against administratrix and improved, widow entitled to dower in them as improved.-Phinney v. Johnson, 15 S. C., 158. Return must show appraised value of land as well as assessment.-Wright v. Jennings, 1 Bail 277; McCreary v. Cloud, 2 Bail., 343. Price at Sheriff's sale during co ture not fixed value.-Alexander v. Hamilton, 12 S. C., 39. appraised value of lands proper assessment for dower.-Wright v. Jennings, 1 Bail., 277; Payne v. Payne, Dud. Eq., 124; Douglass v. McDill, 1 Speer, 139; Stewart v. Blease, 4 S. C., 37. Sum assessed no specific lien on land.Williamson v. Gasque, 24 S. C., 100. But it is a fixed judgment.-Ib.; Asto v. Asbill, 24 S. C., 355. One-sixth of Error to give judgment for rent during the detention from widow before the return from the Commissioners.-Pruitt v. Pruitt, 57 S. C., 155; 35 8 E., 485. Sec. 3166. On all assessments of dower in lands of which band died the husband died seized, the value of the lands at the time seized. of the death of the husband, with interest from the accrual Civ. 02, of the right of dower, shall be taken and received by the Courts of this State as the true value on which to assess said dower. 2406. § Section construed and applied.-Jeffries v. Allen, 34 S. C., 189. Where prior to this Section widow consented to sale under the decree, the price was taken as the value on which her dower was assessed.-Lanier v. Grifin, 11 S. C., 588. But as to such sale since.-Jeffries v. Allen, 34 S. C., 189; 13 S. E., 365. Widow taking dower in place of legacy, the assessment must be paid by the devisees of the land.-Witherspoon v. Watts. 18 S. C., 396. Where the dower cannot be alloted in kind, and the land is sold, the measure of dower is one-third of the surplus proceeds of sale, after payment of the incumbrances and expenses, for life, or one-sixth absolutely.-Geiger v. Geiger, 57 S. C., 521: 35 S. E., 1032. A. D. 1912, for allotment Circuit Court Sec. 3167. The appointment of Commissioners and the Proceedings issuing of the writ and other proceedings in relation to the of dower in allotment and admeasurement of dower in the Circuit to conform to Courts shall be made to conform as nearly as may be to the law regulating the allotment of dower in the Probate Court, Civ. '02, § as prescribed in this Article. Frierson v. Jenkins, 75 S. C., 474; 55 S. E., 890. Sale of corpus; adjust ment of rights between life tenants and remainderman.-Kolb v. Booth, 80 S. C., 501. regulations of this Article. 2407. A. D. 1912. CHAPTER LXIV. Estate for Life and for Years; Landlord and Tenant; Joint Tenants and Tenants in Common; Betterments; Miscel laneous Provisions Concerning Real Estate. ARTICLE 1. Estates for Life and for Years. ARTICLE 2. Landlord and Tenant. ARTICLE 3. Joint Tenants and Tenants in Common. ARTICLE 4. Betterments. ARTICLE 5. Miscellaneous Provisions Concerning Real Estate. How rent recovered if tenant for life die before 2408. Section 3168. Where any tenant for life shall happen to die before or on the day on which any rent was reserved it is payable, or made payable upon any demise or lease of any lands, Civ. 02, tenements, or hereditaments, which determined on the death of such tenant for life, the executors or administrators of such tenant for life shall and may recover of and from such under-tenant or under-tenants of such lands, tenements, or hereditaments, the rent thereof as prescribed in the next Section. Proportion to be paid. Civ. '02, § 2409. Garland v. Crow's Executors, 2 Bail., 24. Sec. 3169. If such tenant for life die on the day on which the rent was made payable, the whole, or if before such day. then a proportion of such rent, according to the tire such tenant for life lived of the last year or quarter of aar, or other time in which the said rent was growing due as aforesaid, making all just allowances, or a reasonable part thereof respectively. A. D. 1912, ants to have til crop is se Sec. 3170. If any person shall rent or hire lands of a Under-tentenant for life, and such tenant for life dies, the person hir-possession uning such land shall not be dispossessed until the crop of cured. that year is finished, he or she securing the payment of the Civ. '02, rent when due. This security must be given to the remainderman for the proportion that arises after death of tenant for life.-Freeman v. Tompkins, 1 Strob. Eq., 53. 2410. tenants con possess ion after demand Sec. 3171. All tenants, whether for life or years, by suffer- Penalty on ance or at will, or persons coming in under or by collusion tinuing in with them, who shall hold over after the legal determina- three months tion of their estates, after demand made in writing for deliv- of possession. ering possession thereof by the person having the reversion Civ. '02, or remainder therein, or his agent, such tenant or other person holding over for the space of three months after such demand shall forfeit double the value of the use of the premises, recoverable by action. Not unconstitutional.-Talvande v. Cripps, 3 McC., 147. Where landlord recovers this forfeiture he cannot sue for damages for holding over.-Cripps v. Talvande, 4 McC., 20. Liability for this forfeiture begins from demand and not from expiration of three months.-Reeves v. McKenzie, 1 Bail., 497. Tenant under agreement with husband or life tenant holding over after her death is, as to remaindermen, a trespasser.-Williams v. Caston, 1 Strob., 130. Termination of tenancy from year to year.-Wilson v. Rodman, 30 S. C., 210; 8 S. E., 1; McFall v. McFall, 35 S. C., 559; 14 S. E., 985. Where life tenant dies after March 1st, rent goes to personal representative, Newton v. Odom, 67 S. C., 1; 45 S. E., 105; Bowen v. True, 74 S. C., 486; 54 S. E., 1018. 2411. tenant for Sec. 3172. All warranties which shall be made by any warranty by tenant for life of any lands, tenements, or hereditaments, life vold; colthe same descending or coming to any person in reversion or ranties void remainder, shall be void and of none effect. lateral war against heir. Civ. '02, All collateral warranties which shall be made of any lands, 2412. tenements, or hereditaments, by any ancestor who has no estate of inheritance in possession in the same, shall be void against his heir. Conveyance in fee by tenant for years disavows his tenancy, and landlord may recover the possession.-Trustee v. Jennings, 40 S. C., 169; 18 S. E., 257. Attornments to strangers void. Sec. 3173. To prevent the difficulty and expense to which by tenants landlord or landlords, lessor or lessors, may be put by the Civ. '02, fraudulent practice of tenants in attorning to strangers who 2413. A. D. 1912. claim title to the estates of their respective landlord or landlords, lessor or lessors (whereby the possession of estates in lands, tenements, and hereditaments, is rendered very precarious, and such landlord or landlords, lessor or lessors, are by that means turned out of possession of their respective estates,) all and every such attornment and attornments of any tenant or tenants of any lands, tenements, or hereditaments, shall be deemed and taken to be absolutely null and void, to all intents and purposes whatsoever; and the pos session of their respective landlord or landlords, lessor or lessors, shall not be deemed or construed to be anywise changed, altered, or affected by any such attornment or attornments: Provided, That nothing herein contained shall extend to vacate or affect any attornment made pursuant to, and in consequence of, some judgment, decree, or order of Court, or made with the privity and consent of the landlord or landlords, lessor or lessors. Attornment to stranger.-Hill v. Williams, 41 S. C., 134; 19 S. E., 290. Tenant under trespasser could with his consent attorn to true owner.— Moore v. Johnson, 2 Speer., 288. Estoppel to deny landlord's title.-Harvey v. Harvey, 26 S. C., 608; 2 S. E., 3. SEC. 3174. Lease for ARTICLE II. LANDLORD AND TENANT. more than one year to be recorded, &c. 3175. When and how lease shall terminate. 3176. Parol lease not valid for more than one year from 3177. Action for use and occupa- in. 3178. Landlord's remedy where ten- 3180. The same; appeal by tenant 3181. Landlord's remedy where SEC. 3182. Proceedings for ejectment of tenant at will, domestic servants, &c. 3183. Tenants of houses and tene ments, holding over or failing to pay rent, how dis possessed; proceedings; fees, &c. 3184. Penalty on tenant failing to deliver possession after giving notice of intention to quit, &c. 3185. Tenant making alterations, &c., without leave forfeits residue of term; forfeiture, how to be ascertained, &c. 3186. Effect of payment of rent to grantor. 3187. Before removal tenant's of goods taken under execution, rent due must be paid to landlord; proviso. |