Updegrove v. Blum

Citations

• 117 Pa. 259
• 10 A. 785
• 1887 Pa. LEXIS 259

Syllabus

<p>In 1853, a married woman having title to real estate made a conveyance thereof in which her husband did not join, and possession was taken and continuously held thereunder. The wife died in 1857, and in 1872 the husband brought ejectment for his curtesy estate, but failed on a ground personal to himself. In 1886 the heirs of the wife brought ejectment: Held</p> <p>1. That the said deed being void, the right of entry accrued in 1853, immediately after tire deed was made and possession taken, and the statute of limitations then began to run.</p> <p>2. That the action brought by the husband, involving his own right only, did not toll the bar of the statute as against the said heirs. ■</p> <p>3. The letter and spirit of the act of April 22, 1856, P. L. 532, exclude the operation of any of the exceptions therein in favor of tire right to maintain an action for the recovery of lands, after thirty years shall have elapsed since the right of entry thereto accrued.</p> <p>4. Hunt v. Wall, 75 Pa. 413; Hogg v. Ashman, 83 Pa. 80, followed.</p>