Evans v. Evans
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county. This was an action brought by Mary Ann Evans against Jared B. Evans, to recover one-third of a certain in-lot, with the appurtenances, situate in the borough of Brookville, in the county of Jefferson, and numbered sixty-five in the plot or plan of said borough, as her reasonable dower, &c., as the widow of Charles Evans, deceased, who died in August, 1848, without issue.
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Error to the Court of Common Pleas of Jefferson county. This was an action brought by Mary Ann Evans against Jared B. Evans, to recover one-third of a certain in-lot, with the appurtenances, situate in the borough of Brookville, in the county of Jefferson, and numbered sixty-five in the plot or plan of said borough, as her reasonable dower, &c., as the widow of Charles Evans, deceased, who died in August, 1848, without issue. The plaintiff, to maintain the issue on her part, offered in evidence a deed from J. B. Evans and wife to Charles Evans and Levi G-. Clover, dated 27th O.ctober, 1837,…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The widow went far enough back, at least, for a prima facie title, when she started with a conveyance in fee from the defendant below to her late husband, and therefore the exceptions to the evidence are unfounded.
And when he appears as defendant, and denies her right of-*280dower, he thereby claims to be tenant of the freehold, and it was proper to refuse to let him set up title in a mere stranger, under whom no one is claiming.
The legal title was in the name of Jared, but Charles held his written receipt for the purchase-money paid by him, and…
2Cases cited2 opinions
- Romig's AppealSupreme Court of Pennsylvania · 1839
- Brown v. AdamsSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- McFadden v. McFaddenSuperior Court of Pennsylvania · 1907
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927