Winters v. DeTurk
Pennsylvania Court of Common Pleas, Berks County
No. 211 January Term 1890, Sup. Ct.; court below, No. 20 May Term 1888, C. P. On March 31,1888, Mary A. Winters brought dower unde nihil habet against Jeremiah DeTurk. The defendant pleaded, ne unques seisie que dower, alienation by the plaintiff, and the statute of limitations.
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No. 211 January Term 1890, Sup. Ct.; court below, No. 20 May Term 1888, C. P. On March 31,1888, Mary A. Winters brought dower unde nihil habet against Jeremiah DeTurk. The defendant pleaded, ne unques seisie que dower, alienation by the plaintiff, and the statute of limitations. At the trial on September 25, 1889, tbe following facts were shown: The plaintiff was the widow of one Isaac Winters, to whom she was married on August 7,1845. At the time of the marriage, Isaac Winters was the owner of a lot of ground at Blandón, Berks county, whereon was erected a dwelling-house. On September…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
At common law a Avife was entitled to dower out of any lands of which her husband was seised at any time during coverture. Under our law, the wife may convey her right to dower by joining with her husband in the deed. But if the husband convey his land Avithout his wife so joining and executing the deed as prescribed by the act of assembly, her dower rights do not pass, and she can claim them after the death of -her husband. In this case, the husband conveyed the real estate in controversy in 1847. His wife did not join in said conveyance, nor did she in any…
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