Borland v. Nichols
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 19. This was an action of dower, by Margaret Borland, the widow of John Borland, against James Nichols, to which the defendant pleaded ne unques decouple, &c., and that the husband of the demandant made a devise and bequest, in his last will and testament, of a certain portion of his estate to her, in lieu of her dower in his estate, which devise, &c., she afterwards, and before the commencement of this suit, accepted.
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Error to the District Court of Allegheny. Sept. 19. This was an action of dower, by Margaret Borland, the widow of John Borland, against James Nichols, to which the defendant pleaded ne unques decouple, &c., and that the husband of the demandant made a devise and bequest, in his last will and testament, of a certain portion of his estate to her, in lieu of her dower in his estate, which devise, &c., she afterwards, and before the commencement of this suit, accepted. In 1798, the demandant being then married to John Borland, who was seised in fee of the premises, Borland aliened the same to…
1Opinion of the Court
The opinion of this Court was delivered by
Bell, J.
This controversy is identical, in principle, with Leinaweaver v. Stoever, 1 W. & S. 160, the reasoning of wMch is unanswerable. It is true, the questions presented by the two cases arise under different statutes, but both of these have the same object in view, and are, therefore, subject to the ame construction. If, *42indeed, there be any difference discoverable in the language of the two enactments, in the particular now under consideration, it is in favour of the claim set up in this action. This is made subject to the Act of 1797, the 10th…
2Cases cited1 opinion
- Leinaweaver v. StoeverSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Merrick v. DupontSupreme Court of Pennsylvania · 1926
- Bridgeford v. Groh Et Ux.Supreme Court of Pennsylvania · 1932
- Balkiewicz v. AsenavageSupreme Court of Pennsylvania · 1962
- Bridgeford v. Groh Et Ux.Superior Court of Pennsylvania · 1931
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927