Killinger v. Reidenhauer
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Lebanon. Michaeli Killinger, the plaintiff below, brought a scire facias upon a mortgage given by the intestate, -Peter Smith, in his life time, on the 2d August, 1819. The defendant pleaded payment, and for further plea, that the mortgage was obtained through fraud, covin, and deceit. Replication, non solvit, and issues.
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In Error. ERROR to the Court of Common Pleas of Lebanon. Michaeli Killinger, the plaintiff below, brought a scire facias upon a mortgage given by the intestate, -Peter Smith, in his life time, on the 2d August, 1819. The defendant pleaded payment, and for further plea, that the mortgage was obtained through fraud, covin, and deceit. Replication, non solvit, and issues. On the trial, the defendant offered to prove that Dr. Peter Smith, the intestate, died, leaving a widow, Anna Sibilla Smith, and that he left no heirs of known kindred, except his said wife, and that after the said mortgage was…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan, J.
It will be the exercise of great liberality to consider the plea of fraud, merely as notice of special matter, under the plea of payment, and not intended as a distinct plea ; for it was so to be taken, there being no issue joined; *534there would have been a mistrial; but admitting it to be special matter, the questions are, Could the Court regard the interest of the widow ? If they could, did the evidence destroy the mortgage in to to, or partially, so far as respects the widow’s right to dower at common law ?
Dower, at the common law, must be…
2Cases cited1 opinion
- Reichart v. CastatorSupreme Court of Pennsylvania · 1812
3Cited by2 opinions
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
- Ellis v. McBrideMississippi Supreme Court · 1854