Luther v. Wagner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria County s Of October Term, 1884, No. 178. Case stated, in which John Wagner was plaintiff and D. A. Luther, sheriff of said county was defendant.
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Error to the Court of Common Pleas of Cambria County s Of October Term, 1884, No. 178. Case stated, in which John Wagner was plaintiff and D. A. Luther, sheriff of said county was defendant. The facts agreed upon by counsel were as follows: “ On October 1st, 1888, the ‘ Krise Place ’ was sold by the sheriff, as the property of John Wagner, to F. A. Shoemaker for $370. The property was bound by a recognizance in the Orphans’ Court for about $1,470, the annual interest on which, to wit: $87.88, was payable to Margaret Krise, widow of Henry Krise. At tlie time of the sale, to wit: October 1st,…
1Opinion of the CourtJustice Trunkey
Where an intestate leaves a widow and issue, the widow shall be entitled to one third part of the real estate for the term of her life: Act of April 8th, 1833, P. L. 316. The statute relating to partition provides that the widow’s purpart or share of the real estate shall be valued, and the same together with interest thereof shall be and remain charged upon the premises, and the legal interest thereof shall be annually paid by the person holding such real estate, to said widow during her life, and she may recover the same by distress or otherwise, as rents are recoverable. This is the same,…
2Cases cited2 opinions
- Stewart v. MartinSupreme Court of Pennsylvania · 1834
- Mentzer v. MenorSupreme Court of Pennsylvania · 1839
3Cited by5 opinions
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- Peters's EstateSuperior Court of Pennsylvania · 1901
- Hay v. MeyersSuperior Court of Pennsylvania · 1934
- Walters v. SteeleSupreme Court of Pennsylvania · 1904
- Auen v. DiCesareSuperior Court of Pennsylvania · 1979