Diefenderfer v. Eshleman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county. Assumpsit by James Dief'enderfer and Sarali Diefenderfer bis wife, in right of said wife against Jacob Eslileman to recover arrears of interest due on her dower on the land of her late husband. Pleas, non assumpsit, payment with leave.
Read the full summary
Error to the Court of Common Pleas of Lehigh county. Assumpsit by James Dief'enderfer and Sarali Diefenderfer bis wife, in right of said wife against Jacob Eslileman to recover arrears of interest due on her dower on the land of her late husband. Pleas, non assumpsit, payment with leave. The following are the facts as they appeared on the trial before Meyers, P. J. Jacob J. Snyder died on October 3d, 1873, intestate, leaving to survive him his widow, (now married to James Diefenderfer,) and five minor children, seised of two tracts of land situate in Lynn township, Lehigh county, the one…
1Opinion of the CourtChief Justice Mercur
A tenant in dower at common law has an estate and not a *309mere lien : Ziegler’s Appeal, 35 Pa. St., 173. So under our intestate laws a widow’s statutory dower is an interest in the land, not merely a lien: Miller v. Liedig, 3 W. & S., 458; Bachman v. Chrisman, 23 Pa. St., 162; Schall’s Appeal, 40 Id., 170; Gourley v. Kinley, 66 Id., 270.
Section 41 of the Act of 29th March, 1832, declares if the widow of the decedent he living at the time of the partition of Ms real estate, she shall not be entitled to payment of the sum at which her purpart or share of the estate shall be valued ; but the same,…
2Cases cited1 opinion
- Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831
3Cited by4 opinions
- Kunselman v. StineSupreme Court of Pennsylvania · 1899
- Ohio-Pennsylvania Joint Stock Land Bank v. BloughSuperior Court of Pennsylvania · 1935
- Hay v. MeyersSuperior Court of Pennsylvania · 1934
- Witmer v. Warfel, Pennsylvania Court of Common Pleas, Lancaster County1902