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2 Pennyp. 324

Aull v. Bonnell

Supreme Court of Pennsylvania

Decided April 17, 1882

Supreme Court of Pennsylvania · decided 1882-04-17

2, for Philadelphia County. Dower, by Maria Aull against George B. Bonnell. A case stated was agreed upon which set forth the facts substantially as follows: On the 22d day of May, 1858, Alfred Aull granted and conveyed unto Sarah Aull, in fee, a messuage, barn, spring-house, and lot or piece of ground containing nine acres, two roods, and thirty-six perches, in Philadelphia.

Decided 1882-04-17

— Per Curiam:

¶1The widow can have but one title of dower in her husband’s estate. When he *327conveys without her joining in the deed, the grantee takes subject to the dower, and if he should reconvey to the husband it would still be the same title of dower in the wife. It matters not how the land returns to the husband, by deed or proceedings in partition, the same dower-right still subsists. It matters not that the first conveyance by the husband was expressly subject to the inchoate right of dower. It would have been the same if it had not been so expressed. Expressio eorum quce tacite insunt nihil operatur.

¶2Judgment affirmed.

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