Scott v. Crosdale
Supreme Court of the United States
THIS was an action of Dower, brought in Bucks County, against the defendant, who had purchased lands, sold by the sheriff under a judgment obtained on a Scire Facias on a mortgage. The mortgage was executed by the husband, but the plaintiff (his widow) was no party to it: And on the trial Justice Atlee reserved the point, whether the wife’s dower was bound by the mortgage ? contended that there was a distinction as to the effect of a sale under a Fi Fa. and a Levari Facias.
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THIS was an action of Dower, brought in Bucks County, against the defendant, who had purchased lands, sold by the sheriff under a judgment obtained on a Scire Facias on a mortgage. The mortgage was executed by the husband, but the plaintiff (his widow) was no party to it: And on the trial Justice Atlee reserved the point, whether the wife’s dower was bound by the mortgage ? contended that there was a distinction as to the effect of a sale under a Fi Fa. and a Levari Facias. That, in the latter case, the act (1 Vol. Dall. Edit. p. 71. 2.) directs that no greater estate shall be conveyed, than…
1Opinion of the Court
By the Court:
—The point has been too long Settled to be Stirred now; and judgment must be for the defendant.
2Cited by5 opinions
- Porter v. LazearSupreme Court of the United States · 1883
- Directors of the Poor & House of Employment v. RoyerSupreme Court of Pennsylvania · 1862
- Mitchell v. MitchellSupreme Court of Pennsylvania · 1848
- Hay v. MeyersSuperior Court of Pennsylvania · 1934
- McArthur v. PorterOhio Supreme Court · 1823