Shurtz v. Thomas
Supreme Court of Pennsylvania
In error from the Common Pleas of Centre county. Case stated in an action of dower. In July, 1833, James Smith, the husband of the demandant, being seised of the land now in question, subject to his mother’s right of dower, entered into articles for the sale of the land to Eranklin B. Smith, for $10,500. The purchaser agreed to pay all judgments and liens on the estate, then amounting to about $5,000, and to save the vendor, his heirs, executors, &c., harmless, from them.…
Read the full summary
In error from the Common Pleas of Centre county. Case stated in an action of dower. In July, 1833, James Smith, the husband of the demandant, being seised of the land now in question, subject to his mother’s right of dower, entered into articles for the sale of the land to Eranklin B. Smith, for $10,500. The purchaser agreed to pay all judgments and liens on the estate, then amounting to about $5,000, and to save the vendor, his heirs, executors, &c., harmless, from them. $3,000 of the purchase-money was to be retained, secured by mortgage, by the purchaser during the life of the vendor’s…
1Opinion of the CourtGibson, C. J.
At the death of James Smith, his widow was entitled to dower in his estate. He had covenanted to convey it to his brother Franklin B. Smith, and pursuant to leave given by the Common Pleas, the plaintiff, his widow and administratrix, and Cornelius Dale his administrator, conveyed it to the defendant William A. Thomas, who had in the mean time acquired the equitable interest of the vendee. The deed purported to convey all the estate which the vendor had in his lifetime, and all the estate “ of them the said Mary and Cornelius since his deathand this latter clause, it has been insisted here,…
2Cases cited1 opinion
- Stevens v. StevensNew York Supreme Court · 1819
3Cited by3 opinions
- Pennsylvania Horticultural Society v. CraigSupreme Court of Pennsylvania · 1913
- Bricker v. KlineSuperior Court of Pennsylvania · 1925
- Wilson EstatePennsylvania Orphans' Court, Philadelphia County · 1949