Legal Opinion

Kirk v. Dean

Supreme Court of Pennsylvania

Decided March 26, 1810PublishedCited by 11 opinions

IN ERROR. THIS was an action of dower, brought by the defendant in error in the Common Pleas of Montgomery county, where the following case, which was agreed to be considered as a special verdict, was stated for the opinion of the court. William Dean was seized in fee of the premises in question in his own right, in his life time, and during his coverture with the demandant.

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IN ERROR. THIS was an action of dower, brought by the defendant in error in the Common Pleas of Montgomery county, where the following case, which was agreed to be considered as a special verdict, was stated for the opinion of the court. William Dean was seized in fee of the premises in question in his own right, in his life time, and during his coverture with the demandant. The said William and the demandant, by deed dated the 27th day of December 1777, conveyed the premises to John Tomkins, from whom the. same, by several mesne conveyances, came to the defendant; but the demandant never…

1Opinion of the Court

The cause was argued at last December term, and in consequence of adi vision in the court, was held under advisement until this day, when the judges delivered their opinions.

Tilghman C. J.

This case depends upon a single question. A married woman joined her husband in the exec it*345tion of a deed, dated the 27th of December 1777, for the conveyance of land of which he was seised in his own right,' in fee-simple. The deed was not acknowledged by the wife. Is she barred of her right of dower?

It has not been contended, that a married woman can by her deed convey her right to land, by any principle…

2Cases cited4 opinions

  1. Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
  2. Graff v. Smith's AdministratorsSupreme Court of the United States · 1789
  3. Hugh Davey Et Ux. v. Peter TurnerSupreme Court of the United States · 1764
  4. The Lessee of Lloyd v. TaylorSupreme Court of the United States · 1768

3Cited by11 opinions

  1. Andrews v. HerriotNew York Supreme Court · 1825
  2. Porter v. LazearSupreme Court of the United States · 1883
  3. Shaller v. BrandSupreme Court of Pennsylvania · 1814
  4. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  5. Thompson v. MorrowSupreme Court of Pennsylvania · 1819

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