Fisher v. Fisher
Fisher v. Fisher
Opinion of the Court
The opinion of the Court was delivered by
“T. J. G. C.” is understood to denote the official title of the officer signing the certificate, and to mean “Trial Justice for Greenville county.”
The Circuit decree was in favor of plaintiff. The sole question is whether demandant is' estopped by the deed. That question is answered in the negative by the decision in Gainey v. Anderson, 87 S. C. 47. It is contended, however, by appellant that the certificate of a private and separate examination of the wife distinguishes that case from this. True, there was no such certificate in that case. But that makes no difference, because the certificate on this deed is not a renunciation of dower, such as is required by the statute, 1 Code, 1902, sec. 2885; and, though the certificate need not be in the exact form, if it is “to the same purport” as that prescribed by the statute (Vinson v. Nicholas, 28 S. C. 198, 5 S. E. 557), its sufficiency is to be determined solely by what appears upon the certificate, and not by what the parties intended. Brown v. Spand, 2 Mill. 12; Mayo v. Feaster, 2 McC. Ch. 137; Williams v. Cudd, 26 S. C. 213; Brown v. Pechman, 53 S. C. 1, 30 S. E. 586. Moreover, the statute requires the certificate to be under “the hand of the woman and the hand and seal of the officer.” The certificate here relied upon is not under the “hand of the woman,” nor is it under the “seal of the officer,” either of which defects would be fatal to its validity as a renunciation of dower. Vinson v. Nicholas, 28 S. C. 198, 5 S. E. 357; Bratton v. Burris, 51 S. C. 45, 28 S. E. 13.
*178
Affirmed.
Reference
- Full Case Name
- Fisher v. Fisher.
- Status
- Published
- Syllabus
- 1. Dower — Estoppel.—The joinder of a wife in a deed with the husband containing a general warranty and a covenant of seizin in fee simple and a certificate by a trial justice, not signed by the wife nor under the seal of the officer, that the wife acknowledged before him the execution of the deed as her own free act and deed, and upon examination separate and apart from her husband, acknowledged that she executed the same freely and of her own accord, does not estop the wife from claiming dower. ' 3. Seal. — íSectioít 66é of the Code of 1902 refers alone to absence of seal from instruments issued by a notary public.