Leinaweaver v. Stoever
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. Elizabeth Stoever, widow of Tobias Stoever, deceased, against the administrators of Peter Leinaweaver, deceased, with notice to his heirs. To April Term, 1825, the plaintiff, Elizabeth Stoever, brought an action against Peter Leinaweaver to recover her dower in a certain brick house and lot of ground in Lebanon, and on the 16th of January 1828, recovered a judgment.
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ERROR to the Common Pleas of Lebanon county. Elizabeth Stoever, widow of Tobias Stoever, deceased, against the administrators of Peter Leinaweaver, deceased, with notice to his heirs. To April Term, 1825, the plaintiff, Elizabeth Stoever, brought an action against Peter Leinaweaver to recover her dower in a certain brick house and lot of ground in Lebanon, and on the 16th of January 1828, recovered a judgment. The present action was a scire facias to show cause why that judgment should not be revived, and a writ of seisin issue; in which the following case was stated, and considered in the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The argument to prove this a case of election, is that when the widow accepted her share of the intestate’s estate under the statute of distribution in the Orphans’ court, she received, as an equivalent for her dower in the land aliened by her husband, her third part of the purchase money which had gone into the mass of his estate either as personal property or other land bought with it; and, consequently, that she ought not to have both her dower and the price of it. But was any part of the purchase money the price of her dower 1 In the…
2Cited by5 opinions
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- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927