Hershey v. Delone

Citations

• 51 Pa. Super. 265
• 1912 Pa. Super. LEXIS 213

Syllabus

<p>Partition — Widow’s dower — Charge on land — Judgment—Acis of March 29,1882, P. L. 190, and June 12,1878, P. L. 206.</p> <p>1. Under the Act of March 29, 1832, sec. 43, P. L. 190, providing that in partition proceedings the share of the widow “shall remain in the hands of the purchaser during the natural life of the widow, and the interest thereof shall be annually and regularly paid to her by the purchaser, his heirs and assigns,” an assign is personally liable for the annual interest accruing to the widow during his ownership of the land, if such accrued rent cannot be realized out of a sale of the land.</p> <p>2. The provision of the act that such interest shall “be recovered by distress or otherwise as rents are recoverable in this commonwealth,” is broad enough to sustain a personal action and judgment. A judgment in favor of the widow must, therefore, not be entered de terris.</p> <p>3. A purchaser in partition proceedings instituted under the Act of March 29, 1832, P. L. 190, is bound to take notice of sec. 43 of the act and is not warranted in presuming from anything contained in or omitted in the record, that the widow was estopped either in pais or by the record, from pursuing the remedies that the statute gave her.</p> <p>4. The right of the widow to the annual interest on her share charged on land in partition proceedings under the Act of March 29,1832, P. L. 190, is not an incumbrance, within the meaning of the Act of June 12, 1878, P. L. 205, so as to relieve a purchaser, because he assumed no express obligation to pay it.</p>