DeHaven's Estate

Citations

• 25 Pa. Super. 507
• 1904 Pa. Super. LEXIS 103

Syllabus

<p>Statute of limitations — Charge on land — Act of April 27, 1855, P. L. 368 —Payment.</p> <p>A voluntary deed to one of the heirs of a decedent by the other 'heirs charging a sum of money on the land, the interest on which is to be paid to the widow of the decedent during her life, and the principal to the heirs after death, is within the provision of the Act of April 27, 1855, P. L. 368, and if no payment, claim or demand is made by an heir for more than twenty-one years after the death of the widow, the charge as to such heir will be presumed to have been paid. In such a case the fact that the grantee before the expiration of twenty-one years executed a mortgage to a stranger in which he refers to the land as subject to dower, does not prevent .the running of the statute.</p> <p>The Act of April 27, 1855, P. L. 368, need not be pleaded, and its benefits may be claimed in the appellate court.</p>