Benner v. Evans
Supreme Court of Pennsylvania
Error to the Common Pleas of Centre county. This cause, an action of dower, in which Betty Evans, .widow of Thomas Evans, was plaintiff below, and Philip Benner, defendant, was submitted by the counsel, Potter, for plaintiff in er-. ror, and Petrikin for defendant in error, without argument. The facts are fully stated by Justice Kennedy, who. delivered the opin-. ion of the court.
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
This was a writ of dower unde nihil habet, sued out of the court of Common Pleas of Centre county, by the defendant in error, against the plaintiff in error: to recover her dower in a tract of land situated and lying in Spring township pa Centre county, containing between three and four hundred acres. The original writ and declaration are in the usual and approved forms. The defendant below pleaded ne ungues’seisie gue dower and ne ungues accouple en loyal matrimonie; to which the proper replications were put in hy the demandant, and issue…
2Cases cited4 opinions
- Thompson v. MorrowSupreme Court of Pennsylvania · 1819
- Barnet v. BarnetSupreme Court of Pennsylvania · 1826
- Pine v. VanuxemSupreme Court of Pennsylvania · 1800
- Leineweaver v. StoeverSupreme Court of Pennsylvania · 1828