Kunselman v. Stine

Citations

• 192 Pa. 462
• 43 A. 948
• 1899 Pa. LEXIS 941

Syllabus

<p>Decedents'1 estates—Partition—Widow's dower—Orphans' court sale— Personal liability of purchaser—Transitory action—Act of March 29, 1832.</p> <p>The interest which a widow takes in this state in lien of her dower at common law, is an interest in land, and not a mere charge or lien; and the character of her interest is not changed by the Act of March 29, 1832, P. L. 201, which prescribes the form of ascertaining and assigning it, and changes somewhat the method of its use and enjoyment.</p> <p>A purchaser at a sale under proceedings in partition in the orphans’ court, under section 43 of the act of March 29, 1832, who continues to hold title to the land, is personally liable for the payment of the annual interest on the widow’s dower which remains charged upon the land; and an action to recover such interest, being founded on privity of contract, is transitory, and may be enforced by the court which has jurisdiction over the person of the purchaser.</p>