8 Pa. 126 | Pa. | 1848
In the view we have taken of this case there is but one question which it is necessary to examine, namely, Whether the widow is entitled to dower. (His honour here stated the case.) The widow alleges that she refused to take under the will; and granting that she did, the question is, whether she can sustain an action of dower at common law against the purchasers of the estate so sold by the executors.
There are certain fundamental principles in this state which have existed from the time of the earliest settlement of the province. Thus lands have always been held as chattels for payment of debts. Prom this principle it necessarily follows that a husband may confess a judgment; and a sale of his lands on the judgment will bar the wife of dower. Also it is ruled that a sale under a power to sell for
It was a point in the case, but not essential to the main point, whether the dower was barred by the sale; nor does it appear that the case was ruled on that ground. By the law of this state debts of a decedent remain a lien on the land limited to five years, except secured by mortgage or judgment. If then a sale by an executor under an authority given by will to sell real estate, will discharge such real estate from dower, as held in Howell v. Lacock, why may not a sale under a power in the will, to sell for payment
Judgment affirmed.