Miller v. Leidig
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. This was an action of replevin by Rudolph Miller against Elizabeth Leidig, in which the jury found the following special verdict: John Kitch died in 1813, seised of a tract of land situate in Cumberland county, containing 140 acres 4 perches. He left a widow named Elizabeth, the above-named defendant, and also several children.
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ERROR to the Common Pleas of Cumberland county. This was an action of replevin by Rudolph Miller against Elizabeth Leidig, in which the jury found the following special verdict: John Kitch died in 1813, seised of a tract of land situate in Cumberland county, containing 140 acres 4 perches. He left a widow named Elizabeth, the above-named defendant, and also several children. Upon a proceeding regularly had in the Orphans’ Court under the intestate laws, this tract of land was divided into two purparts, Nos. 1 and 2, which were respectively appraised at a certain value, as- appears by the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
As it is not in the power of the husband to dispose of his wife’s real estate, except with her consent, testified by her acknowledgment of a deed of conveyance separate and apart from her husband, according to the Acts of Assembly, if the wife’s interest, in the present case, is to be considered as real estate, it . survived to her. That it is real estate is clear, from considering, ( that the intestate Act'gives her, where there are children, one- \ third of her deceased husband’s lands during her life. In case, \ however, it becomes…
2Cited by3 opinions
- Corn Exchange National Bank & Trust Co. v. JonesSuperior Court of Pennsylvania · 1933
- Louden v. WaddleSupreme Court of Pennsylvania · 1881
- In re Snyder's EstatePennsylvania Orphans' Court, Dauphin County · 1863