Estate of Snively

Citations

• 129 Pa. 250
• 18 A. 124
• 1889 Pa. LEXIS 949

Syllabus

<p>1. A recognizance for the payment of owelty upon land taken by an heir in an Orphans’ Court partition, is a lien upon the entire estate in the land thus taken, including the interest therein which passed to the recognizor by descent: McCandless’ App., 98Pa. 489, and cases cited.</p> <p>2. A recognizance given by a married woman for owelty upon land awarded to her in such a proceeding, is no exception to the rule; the extent of the lien of her recognizance is unaffected by her coverture, and there is no analogy between the case and that of a purchase money judgment given by a feme covert.</p> <p>3. Whether, in a partition proceeding, a married female heir has the right to bid for land independent of her husband, and whether the Orphans’ Court has power to award it to her without the consent and against the protest of her husband, and in disregard of his claim to be allowed to bid for it in her right, not decided.</p> <p>i. Even if such an award be erroneous, the error under the decree will be voidable merely, and upon distribution of the proceeds of the same real estate, sold after the married woman’s death, the regularity of the proceedings as affecting the recognizance given by her cannot be questioned.</p>