Care v. Keller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berios county: Of July Term 1873, No. 7. This was an action of dower unde nihil habet, brought September 22d 1868, by Sarah Keller against Eli Keller and others, heirs of George Keller, deceased. The plaintiff having died, Nathan Care, her administrator, was substituted on the record. The defendants pleaded ne unques seisie que dower and the Statute of Limitations.
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Error to the Court of Common Pleas of Berios county: Of July Term 1873, No. 7. This was an action of dower unde nihil habet, brought September 22d 1868, by Sarah Keller against Eli Keller and others, heirs of George Keller, deceased. The plaintiff having died, Nathan Care, her administrator, was substituted on the record. The defendants pleaded ne unques seisie que dower and the Statute of Limitations. The plaintiff claimed dower as the widow of John Keller, deceased, out of about 80 acres of land in Union township. John Keller died March 6th 1846, leaving the plaintiff to survive him ; she…
1Opinion of the CourtChief Justice Agnbw
*493We are of opinion that the Statute of Limitations of 1785, applies to an action of dower unde nihil habet, brought by a widow for property of which her husband had been seised, but which he had alienated before his death. After conveyance the seisin of the grantee is in his own right, and is of course adverse to the grantor and his heirs. The same effect must be attributed to a contract of sale executed by delivery of possession, and consummated by a decree of specific performance and conveyance. The estate is equitably converted by the contract of sale, and the specific performance under the…
2Cited by2 opinions
- Britt v. GordonSupreme Court of Iowa · 1906
- Winters v. DeTurk, Pennsylvania Court of Common Pleas, Berks County1890