Kunselman v. Stine

Citations

• 183 Pa. 1
• 38 A. 414
• 1897 Pa. LEXIS 707

Syllabus

<p>[Marked to be reported.]</p> <p>Dower — Partition—Decedents' estates — Husband, and wife.</p> <p>The dower interest which a widow has in the real estate of her husband is an estate for life, and such interest is not changed by the fact that in partition proceedings it is charged upon all of the lands of the husband passing to a purchaser. Such an estate can only be sold by a writ of venditioni exponas, in the manner provided by the act of January 24, 1849.</p> <p>Execution against life estate — Venditioni exponas — Acts of October 13, 1840, and January 24, 1849.</p> <p>Under the Act of January 24, 1849, P. L. 677, the right to sell a life estate in the same manner as estates of inheritance are sold, upon a writ of venditioni exponas, is subject to two conditions: first, the right of the defendant to an appraisement of its annual value by an inquest and to elect to retain possession at the rental fixed; second, the consent or order of the proper court made after ten days’ notice to the defendant that such writ has beeu asked for.</p> <p>Where a widow’s interest charged upon the real estate of her husband is sold under a judgment against her, without an order of court allowing the writ of venditioni exponas, and without notice to the widow, the sale is void, and confers no title upon the purchaser.</p>