Worcester v. Clark
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Beaver county. This is an amicable action of dower, brought by Judith Worcester, who was the widow of David Worcester, for certain lots in New Brighton, and other land in said county.
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Error to tbe Court of Common Pleas of Beaver county. This is an amicable action of dower, brought by Judith Worcester, who was the widow of David Worcester, for certain lots in New Brighton, and other land in said county. The facts agreed upon, as a case stated for the decision of the court below, were the following: That the plaintiff and the said David Worcester, Esq., were accoupled together in lawful matrimony, prior to the conveyance of said tenements and hereditaments, to the said David Worcester, Esq. That they had children born alive, whilst he was so seised and possessed, capable of…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— On the general principles long recognized in *87Pennsylvania, that lands are assets for payment of debts, and that dower is barred by a sheriff’s sale, in virtue of either a judgment or mortgage, executed by the husband alone, I should have no difficulty in holding, that a sale in pursuance of a decree iñ bankruptcy would also bar dower, were it not for the third proviso to the 2d section of the Act of Congress, of 19th August, 1841, establishing an uniform system of bankruptcy. That proviso is in these words : “ that nothing in this act…
2Cases cited1 opinion
- Keller v. MichaelSupreme Court of Pennsylvania · 1798
3Cited by2 opinions
- Porter v. LazearSupreme Court of the United States · 1883
- Lazear v. PorterSupreme Court of Pennsylvania · 1879