Sharp v. Pettit
Supreme Court of Pennsylvania
Dower of 250 acres of land in Sadbury township. Plea, ne unques seisie que dower, with leave to give the special matters in evidence.,' The case in effect was: Joseph Sharp married the demand-ant, and afterwards became seized of the lands in fee tail under the will of his father. In 1784 two judgments were obtained against him, and the sheriff on the 30th September 1785, sold and conveyed the premises to Thomas Allen, who conveyed to the tenant.
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Dower of 250 acres of land in Sadbury township. Plea, ne unques seisie que dower, with leave to give the special matters in evidence.,' The case in effect was: Joseph Sharp married the demand-ant, and afterwards became seized of the lands in fee tail under the will of his father. In 1784 two judgments were obtained against him, and the sheriff on the 30th September 1785, sold and conveyed the premises to Thomas Allen, who conveyed to the tenant. In Eebruary term 1788, a common recovery was suffered in the Common Pleas of Chester county, without making the de-mandant a party, or her executing…
1Per curiam
Dower is not only a legal but a moral right, and is highly favoured. A woman shall be endowed even of an estate tail determined. Co. Lit. 31. b. The life estate of the baron could only be sold by the sheriff, independent of the common recovery. Until that procedure took place, Joseph Sharp could convey no greater right than he himself had, nor could the sheriff sell more than he (Sharp) could convey. The right of the feme to dower is not affected by this common recovery. She was no party thereto; nor has she executed the deed to lead the uses, nor been separately examined. As to her…
2Cited by1 opinion
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