Legal Opinion

Beck v. Schekter

Supreme Court of Pennsylvania

Decided May 5, 1913No. Appeal, No. 80PublishedCited by 1 opinion

Appeal, No. 80, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Déc. T., 1910, No. 2162, on verdict for defendant in case of Sarah A. Beck v. George Schekter and Meyer Bernstein. Assumpsit to recover a sum charged on land. Before WlLTBANK, J. From the record it appeared that Edward Lynch died intestate October 21, 1870, leaving a widow and four children, one of whom was the appellant.

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Appeal, No. 80, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., Déc. T., 1910, No. 2162, on verdict for defendant in case of Sarah A. Beck v. George Schekter and Meyer Bernstein. Assumpsit to recover a sum charged on land. Before WlLTBANK, J. From the record it appeared that Edward Lynch died intestate October 21, 1870, leaving a widow and four children, one of whom was the appellant. Proceedings in partition were had in the Orphans’ Court and the real estate of the intestate was apportioned and four properties were allotted to appellant, Sarah A. Lynch, subject…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

This case was before us on appeal from an order of the court discharging a rule for judgment for want of sufficient affidavit of defense, reported in 235 Pa. 253. Ih the opinion of the present Chief Justice, affirming the order of the court, we there said: “The decree in partition made no charge of the principal sum, but of the interest only. The partition being in equal shares, there was no reason for charging the principal of the dower On the purparts: Williams v. White, 35 Pa. 514, and the widow had no power to make A charge. It may have been the intention of…

2Cases cited2 opinions

  1. Beck v. SchekterSupreme Court of Pennsylvania · 1912
  2. Williams v. WhiteSupreme Court of Pennsylvania · 1860

3Cited by1 opinion

  1. Simplex Precast Industries, Inc. v. BiehlSupreme Court of Pennsylvania · 1959

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