McGee v. . McGee

Petition for dower, filed by the widow of Thomas McGee, deceased, against the defendants, who are his children and his heirs at law. The counsel for the defendants moved to dismiss the petition because there was no allegation that the defendants as heirs had entered, and were seized as heirs, at the filing of the petition. The court was of opinion that there was no necessity for an express allegation that the defendants had entered and were seized as heirs, as the heirs are constructively in possession before actual entry; but at all events, the objection was waived by the answer and could…