Scott v. Croasdale
Supreme Court of Pennsylvania
Action of dower in 113 acres of land in Southampton township, in Bucks county. This cause came before the court on a case stated; and the question on the facts shortly was, whether a man seized of lands, afterwards marrying, and then mortgaging the premises, without his wife joining in the mortgage deed, and the premises being sold by the sheriff under a levari facias issued in due form of law, against the executors of the husband, his widow could maintain dower thereof…
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Action of dower in 113 acres of land in Southampton township, in Bucks county. This cause came before the court on a case stated; and the question on the facts shortly was, whether a man seized of lands, afterwards marrying, and then mortgaging the premises, without his wife joining in the mortgage deed, and the premises being sold by the sheriff under a levari facias issued in due form of law, against the executors of the husband, his widow could maintain dower thereof against the vendee. contended that dower was favoured in law, and that the law here was as in England, that unless the feme…
1Opinion of the Court
Mr. Wilcocks was stopped by the court. They said the point was too clear to bear an argument. Lands in Pennsylvania, by the policy of the legislature, were made assets for the payment of debts; and the present case cannot be distinguished from a sale under a common judgment, fieri facias and venditioni exponas. The chief justice said, he perfectly recollected a similar determination in this court, about thirty years ago, when the opinions of several eminent counsel were read upon the argument, concurring with the resolution of the court.
Judgment for the tenant.
2Cited by3 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Porter v. LazearSupreme Court of the United States · 1883
- Nance v. HooperSupreme Court of Alabama · 1847