Baldwin v. Siner

Citations

• 16 Pa. Super. 8
• 1901 Pa. Super. LEXIS 3

Syllabus

<p>Dower — Partition—Charge on land — Sheriff's sale.</p> <p>Where an heir lakes land in partition proceedings charged with a dower, the principal of which was payable at the death of his mother to the heirs and legal representatives of the decedent, and subsequently the land is sold at sheriff’s sale as the land of the son, the latter’s interest in the land is divested, and he cannot, after the death o£ his mother, as against the purchaser at the sheriff’s sale, share in the principal of the dower charged on the land. In such a case parol evidence is inadmissible to prove that the son took the real estate in the partition on behalf of his mother, since the effect of such testimony would be to fasten a trust upon the plaintiff’s original title in favor of the widow, in the absence of a writing, and to the injury of an innocent third party acquiring title, without notice, through a sheriff’s sale.</p>