Winters v. DeTurk

Citations

• 133 Pa. 359
• 19 A. 354
• 1890 Pa. LEXIS 910

Syllabus

<p>1. As a widow’s right of action for dower in land, which was conveyed by her husband during the coverture without her joining in the conveyance, accrues only at the husband’s death, the statute of limitations does not commence to run against lier right, so long as her husband is alive.</p> <p>2. There is no analogy between the effect of possession by a disseisor of the husband, and that of possession by a vendee entering under Mm; the former, if continued long enough, destroys the husband’s title, causing the right of dower to fall with it; whereas, the latter is held under the title of the husband and not adversely to it.</p> <p>3. Wherefore, although a delay of twenty-one years after the husband’s death in bringing the action for dower will bar it, under § 2, act of March 26, 1785, 2 Sm. L. 300, no length of possession, prior to the husband’s death, by one claiming under a deed from him, will have that effect: Care v. Keller, 77 Pa. 487, distinguished.</p> <p>4. Where the plaintiff’s husband conveyed land for the benefit of creditors in 1847, without the plaintiff joining, her right to recover by action brought in 1888 after her husband’s death in 1886, unaffected by the statute, was also unaffected by a second deed of assignment of all her husband’s estate, real and personal, in 1876, in which she did join.</p>