5 Watts 255 | Pa. | 1836
The opinion of the Court was delivered by
The court below were clearly right in rendering judgment for the plaintiff. The judgment, recited in the scire facias, is such as the demandant was entitled to have upon the verdict of the jury in her writ of dower; and, therefore, the short entry made by the clerk, of “judgment on verdict,” must be considered as having been carried out afterwards in that form. And it having been proved, to the conviction of the jury on the trial, that the husband of the demandant had alienated the land, of which she sought to recover dower, during the marriage, and consequently did not die seised of it, the jury had nothing to do with the annual value thereof at any time, neither at the time of alienation nor at any other; therefore, that part of their verdict may be regarded as surplusage,
The second and third pleas are perfect nullities, and no answer whatever to the plaintiff’s demand. She had made no claim to money under her judgment; nor can she be compelled to accept of it. She has a judgment to recover one-third part of the land; and nothing but that, without her own consent, can be made to satisfy her.
Judgment affirmed.