Walsh v. Kelly
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an action of dower by Elizabeth Kelly, the widow of John Kelly, against William Walsh, her late husband’s alienee, wherein she claimed her dower in a tract of 379 acres of land, in Juniata township. John Kelly and Elizabeth Henry were married on the 1st January 1826; at which time he owned the land out of which the plaintiff claimed her dower in this action.
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Error to the Common Pleas of Bedford county. This was an action of dower by Elizabeth Kelly, the widow of John Kelly, against William Walsh, her late husband’s alienee, wherein she claimed her dower in a tract of 379 acres of land, in Juniata township. John Kelly and Elizabeth Henry were married on the 1st January 1826; at which time he owned the land out of which the plaintiff claimed her dower in this action. Mrs. Kelly, at the time of her marriage, owned a small house and lot in the village of Mussersburg, and some personal property, which Kelly took possession of, shortly afterwards.…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
This was an action of dower, by a widow, against the alienee of her deceased husband; and the defence set up was an agreement for a separation, alleged to be signed by the husband and wife on the 8th April 1827, and which, it was asserted, was a bar to the recovery. John Kelly and Elizabeth Henry were married on the 1st January 1826, and had one child. It appeared that quarrels ensued between them, which resulted in his beating her, and finally kicking her out of the house. She never lived with him afterwards, but having “made information for…
2Cited by3 opinions
- Kaiser's EstateSupreme Court of Pennsylvania · 1901
- Shaw v. SaxmanCourt of Appeals for the D.C. Circuit · 1917
- Kaiser's EstateSuperior Court of Pennsylvania · 1900