Murphy v. Borland
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 283. Replevin by Joseph H. Borland against Thomas H. Murphy, for a lot of shoes, upon which the latter had distrained as the bailiff of Mrs. Margaret McClurg. Mrs. McClurg filed a bill in equity at December Term 1874, praying that her dower in the estate of her late husband, Alexander McClurg, might be awarded to her.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 283. Replevin by Joseph H. Borland against Thomas H. Murphy, for a lot of shoes, upon which the latter had distrained as the bailiff of Mrs. Margaret McClurg. Mrs. McClurg filed a bill in equity at December Term 1874, praying that her dower in the estate of her late husband, Alexander McClurg, might be awarded to her. On January 12th 1876, a decree was made, fixing her dower at $3000 per annum and charging $2500 per annum thereof on certain property on Eifth avenue, in the city of…
1Opinion of the CourtJustice Paxson
The right of Margaret McClurg to distrain for her dower was settled in a former action of replevin between the same parties : Borland v. Murphy, 4 W. N. C. 472. The doubt expressed in the per curiam opinion was perhaps personal to the writer, and must'not be accepted as interfering in any degree with the stability of that decision.
While there are several assignments of error there is really but one question. The distress was for the sum of $625, being the dower for one quarter, chargeable upon this particular property, and was made upon the goods of a tenant of a portion of the premises, who…
2Cases cited1 opinion
- M'Ilroy v. M'IlroySupreme Court of Pennsylvania · 1829