Steckel v. Koons
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of July Term 1882, No. 155. Debt, by Thomas Steckel, administrator of John II. Romig, against David Koons, to recover a distributive share of the principal sum charged on certain lands, as the dower interest of the widow of John H. Romig Sr. during her life, and payable on her death to the children of John H. Romig, Sr., of whom the plaintiff’s intestate was one. Plea, nil debet.
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Error to the Court of Common Pleas of Lehigh county: Of July Term 1882, No. 155. Debt, by Thomas Steckel, administrator of John II. Romig, against David Koons, to recover a distributive share of the principal sum charged on certain lands, as the dower interest of the widow of John H. Romig Sr. during her life, and payable on her death to the children of John H. Romig, Sr., of whom the plaintiff’s intestate was one. Plea, nil debet. On the trial, before Albright, P. J., the plaintiff’s evidence showed the following facts: — In the partition of the real estate of John H. Romig Sr. in the…
1Opinion of the Court
The opinion of the court was delivered March 19th 1883.
2Per curiam
— When the plaintiffs testator accepted a purpart of the land, it will not be presumed that he kept alive a lien on the land, which he had himself agreed to pay. Hence-a judgment against him bound his entire interest in the land, and by virtue of the sheriff’s sale it passed to the purchaser. *496When Gackenbach and wife conveyed the other purpart to the testator they made no reservation whatever. Their share of the widow’s thirds was thereby paid by operation of law. The learned judge therefore committed no error in refusing to take off the…
3Cited by1 opinion
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