Mills v. Ritter

Citations

• 197 Pa. 353
• 47 A. 194
• 1900 Pa. LEXIS 744

Syllabus

<p>Assignment for creditors—Deed—Sale—Dower—Act of February 17, 1876, P. L. 4.</p> <p>In an assignment for creditors the assignor passes to the assignee only-such estate or property as he himself could sell or dispose of, and, in the case of real estate, only such interest in it as he, if married, could convey without his wife’s joining in the deed.</p> <p>A sale by an assignee of the assignor’s real estate under an order of court, awarded in pursuance of the act of February 17, 1876, does not pass a title free from the incipient or contingent dower of the assignor’s wife, if she did not join in the deed of assignment.</p> <p>McCollum and Mitchell, JJ., dissent.</p>