McFadden v. McFadden
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1906, by defendant, from judgment of C. P. Blair Co., Oct. T., 1902, No. 75, on verdict for plaintiff in case of Barbara McFadden v. Mary A. McFadden. Ejectment for land in Hollidaysburg. Before Shull, P. J., specially presiding. The opinion of the Superior Court states the case.
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Appeal, No. 71, Oct. T., 1906, by defendant, from judgment of C. P. Blair Co., Oct. T., 1902, No. 75, on verdict for plaintiff in case of Barbara McFadden v. Mary A. McFadden. Ejectment for land in Hollidaysburg. Before Shull, P. J., specially presiding. The opinion of the Superior Court states the case. Errors assigned appear by the opinion of the Superior Court, except as to the form of verdict, which was as follows: “For plaintiff one-third part of the land described in the writ.”
1Opinion of the Court
Opinion by
Beaver, J.,
Plaintiff brought her common-law action of dower against the defendant, who was the purchaser at assignee’s sale of certain property conveyed by her husband during his lifetime to an assignee for the benefit of creditors.
As to her remedy: A widow may claim her statutory dower by the common-law action, when the land is in the adverse possession of one denying her right, or of one not amenable to the orphans’ court process : Evans v. Evans, 29 Pa. 277.
Was she dowable of the land as to which she sought to recover? Blackstone in his Commentaries says (vol. 2, 131) : “ She is…
2Cases cited3 opinions
- Mills v. RitterSupreme Court of Pennsylvania · 1900
- Evans v. EvansSupreme Court of Pennsylvania · 1857
- McFadden v. McFaddenSupreme Court of Pennsylvania · 1905
3Cited by2 opinions
- Shupe v. RaineySupreme Court of Pennsylvania · 1917
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927