Hoover v. Samaritan Society
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the City and County of Philadelphia. The Samaritan Beneficial Society of the city of Philadelphia, brought a writ of scire facias in the Court below, against William Hoover and Barbara his wife, on a mortgage given by the defendants to John Stillé, and assigned to the plaintiffs.
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IN ERROR. Error to the District Court for the City and County of Philadelphia. The Samaritan Beneficial Society of the city of Philadelphia, brought a writ of scire facias in the Court below, against William Hoover and Barbara his wife, on a mortgage given by the defendants to John Stillé, and assigned to the plaintiffs. A copy of the mortgage was fijed in pursuance of the Act of Assembly, as follows: “ This Indenture, made the seventh day of December, in the year of our Lord one thousand eight hundred and twenty-seven, between William Hoover of the city of Philadelphia, upholsterer, and…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J. —
The trust here having been created by a deed executed during the coverture of the said Barbara, in the lifetime of *450her first husband, Bradshaw; a question arises whether, upon his death, she becoming thereby sole, and the messuage and lot of ground ceasing then perhaps, as it may be thought, to be her separate property, in the proper sense of the phrase, she did not acquire a certain ascertained indefeasible property therein, and become vested with that absolute and unlimited power of disposing of it, which the common law considers as…
2Cases cited1 opinion
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
3Cited by7 opinions
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- Crane v. ReederMichigan Supreme Court · 1870
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
- Kuhn v. OgilvieSupreme Court of Pennsylvania · 1896
- Haffey v. CareySupreme Court of Pennsylvania · 1873
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