Zeigler's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Common Pleas of Montgomery county. This was an appeal by Henry Zeigler from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Daniel Weikel.
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Appeal from tbe Common Pleas of Montgomery county. This was an appeal by Henry Zeigler from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Daniel Weikel. In 1818, Benjamin Garber died seised of a messuage and tract of 65 acres of land, in Upper Providence township; and after his decease his administrators, under proceedings in partition, sold and conveyed the same, on the 2d December 1820, to Charles Garber, charged with the annual payment of $108.90 to the widow of the decedent, as and for her dower therein, and after her decease with the…
1Concurrence
April 26th 1860, the following concurring opinion was filed by
Woodward, J.
The ground on which I concur in the above decree is that the widow’s dower was not a lien within the meaning of the Act of 1830, for the protection of the lien of mortgages, and, therefore, the sheriff’s sale of the premises on a judgment junior to Zeigler’s mortgage did not divest the lien of it.
That a tenant in dower has, at common law, an estate and not a mere lien, is not to be questioned. It is not necessary now to say what effect the legislation we have had since 1818 has produced upon the nature of this estate,…
2Cases cited1 opinion
- Turner v. HauserSupreme Court of Pennsylvania · 1833