Bowser v. Bowser
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Yorh county: Of May Term 1876, No. 51. This was an action of ejectment. Lillie Bowser, plaintiff in error, defendant below, was the second wife of Samuel B. Bowser. Emma Bowser, the plaintiff below, and defendant in error, was the daughter and only surviving child by his first wife, still a minor and suing in the name of her guardian, John Peeling.
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Error to the Court of Common Pleas of Yorh county: Of May Term 1876, No. 51. This was an action of ejectment. Lillie Bowser, plaintiff in error, defendant below, was the second wife of Samuel B. Bowser. Emma Bowser, the plaintiff below, and defendant in error, was the daughter and only surviving child by his first wife, still a minor and suing in the name of her guardian, John Peeling. The case was referred, under the Act of the 9th April 1868, to William Hay, Esq., who filed his report awarding the premises to Emma Bowser, the plaintiff below. Exceptions were filed, dismissed by the court…
1Opinion of the Court
The judgment of the Supreme Court was entered May 15th, 1876,
Per. Curiam. —
This is not a case between a wife and her husband’s creditors. The only question is whether the wife of Samuel B. Bowser was in the deed from the sheriff to her of the estate of her husband Samuel B. Bowser, a trustee for her husband. This must be alleged either on the ground that he purchased the property in her name to defraud his creditors, or that he paid the money for his own use. But he cannot allege his own fraud as a ground of title; and on the ground of payment of the purchase-money, his wife did not stand in…
2Cited by15 opinions
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