Eberle v. Fisher
Supreme Court of Pennsylvania
Error to the Common Pleas of Berhs county. .Sarah Fisher vs. Samuel Eberle. Action of dower, to April term, 1850. ' A case was stated for the opinion of the court, to be considered in the nature of a special verdict, and either party to be at liberty to sue out and prosecute a writ of error to the judgment of said court, the same as if it was on the verdict of a jury.
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Error to the Common Pleas of Berhs county. .Sarah Fisher vs. Samuel Eberle. Action of dower, to April term, 1850. ' A case was stated for the opinion of the court, to be considered in the nature of a special verdict, and either party to be at liberty to sue out and prosecute a writ of error to the judgment of said court, the same as if it was on the verdict of a jury. Michael Fisher, the plaintiff’s husband, was seized of sixty-nine acres of land, situate in Lower Heidelberg township, Berks county; being the premises in the writ mentioned, was arrested by virtue of a ca. sa. out of the court…
1Opinion of the Court
The opinion of the court was delivered by
Burnside, J.
Dower is that estate which upon the death of the husband the law gives to the wife surviving, in all estates of inheritance, of which the husband was solely seized during coverture, and to which any issue she might have had might by any possibility have been heir: 67 Law Lib. 227; Co. Lit. 30, (B.) (filbert on Lower, 363. The right of dower attaches upon all lands and tenements,: Bell on the Law of Property 229; 67 Law Lib. 129. Judge Shippen, who sat in the Common Pleas of Philadelphia city and county in 1789, in the case of Graff vs.…
2Cases cited3 opinions
- Keller v. MichaelSupreme Court of Pennsylvania · 1798
- Krause v. BeitelSupreme Court of Pennsylvania · 1831
- Sharp v. PettitSupreme Court of Pennsylvania · 1794