Bogie v. Rutledge

Decided May 15, 1793

Pennsylvania Court of Common Pleas · decided 1793-05-15

UPON a motion to shew cause why the defendants claim for dower should not be set aside, and her petition under the act of assembly, dismissed. The facts, as stated and admitted, were, that the plaintiff, Rutledge, sold a lot of land-in Charleston, to David Bogie.» deceased, and tbe conditions of the sale were, that the pur» chaser should give bonds for the payment of the consideration money, payable by instalments, with a mortgage on the premises to secure the payment.

Decided 1793-05-15

¶1The Chief Justice being the plaintiff in this case, left the bench as soon as the motion was made. The two re-mainingjudges,

Burke and Bay,

¶2after considering the case, were of opinion, for the reasons and authorities urged against the motion, that the widow was not entitled to dower in the lot in question, and accordingly directed her claim to be dismissed.

N. B.

¶3This point has been frequently determined in our courts since the above decision, that widows of mortgagors were not entitled to dower. See Crabb v. Macomb, vol. 2.