
    
      William Lewis vs. Dicey Lewis, admr’x H. Lewis.
    
    Where dower is claimed, and assigned, or the value thereof assessed, a covenant for quiet enjoyment, contained in a deed of conveyance of the land, is broken.
    
      Before Withers, J. at Marion, Fall Term, 1851.
    Covenant upon a warranty in a deed of conveyance, by the defendant’s intestate, of a parcel of land, wherein the válue of dower had been recovered against the plaintiff. He sought reimbursement.
    His Honor held that the right of dower having been asserted was a breach of the covenant by the intestate. Considering such recovery of dower tantamount to' an eviction, fro tanto, he thought the reasoning on which the case of Polk vs. Sumter 
      
       proceeded, warranted such position, and a verdict was rendered for the plaintiff accordingly.
    The defendant appealed.
    
      Miller, for appellant,
    cited Massey vs. Craine, 1 McC. 489.
    
      Harllee, contra.
    
      
       2 Strob. 81.
    
   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.  