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· 1/18/1897

Heffner v. Sharp

Citations

  • 3 Pa. Super. 249
  • 1897 Pa. Super. LEXIS 7

Syllabus

<p>Replevin for arrears of dower — Set-off inadmissible.</p> <p>In actions of replevin growing out of a distress for rent or arrears of dower, set-off is inadmissible in the sense in which that term is commonly used.</p> <p>Replevin — Set-off-—Evidence—Family settlements.</p> <p>Plaintiff’s offer of evidence was properly rejected, which attempted to set off against arrears of dower distrained for, and which had accrued under a decree in partition, a cross demand growing out of an alleged mistake in an amicable settlement of the widow’s claims against the plaintiff for moneys due from him, individually and as administrator, to the widow. Settlements of family disputes are favored in law and equity and are in any case reluctantly reopened.</p>

Judges: Beaver, Orlady, Reeder, Rice, Smith, Wickham, Willard

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