¶1Dower must be of a legal estate in the husband. The right which John Davis had to these lands in 1755 cannot be deemed such. Under the customs and established practice of .the country, lands warranted and even surveyed, were considered at that early period and afterwards as chattel interests, and sold as such in the course of administration. This doctrine has been established in a variety of cases, and particularly in Duncan’s lessee v. Walker, in January term 1793. Judgment therefore must be entered for the tenant.
2 Yeates 168
Dodson v. Davis
Decided December 15, 1796
Supreme Court of Pennsylvania · decided 1796-12-15
Dower of lands in Coventry township, Chester county. Plea ne ungues seisie gue dower. The action was tried before M’Kean, C. J. and Teates, J. at West Chester, May assizes 1794, when the following facts appeared in evidence. Thomas Dodson, husband of the demandant, settled on the lands in question, and improved the same several years without an office title.
Decided 1796-12-15