Flory v. Houck
Supreme Court of Pennsylvania
Appeal, No. 227, Jan. T., 1897, by defendants, from judgment of C. P. Northampton Co., June T., 1896, No. 7, on verdict for plaintiff. Ejectment for land in the borough of Bangor. Plaintiff claimed title by virtue of a sheriff’s deed in pursuance of a sale of premises made in 1895 under executions against Joseph Houck.
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Appeal, No. 227, Jan. T., 1897, by defendants, from judgment of C. P. Northampton Co., June T., 1896, No. 7, on verdict for plaintiff. Ejectment for land in the borough of Bangor. Plaintiff claimed title by virtue of a sheriff’s deed in pursuance of a sale of premises made in 1895 under executions against Joseph Houck. To sustain her title Mary Ellen Houck, the real defendant, offered in evidence two deeds from her husband, Joseph Houck, for the land in controversy, one executed in 1893 for part, the other executed in 1895 for the rest of the property. At the date of these deeds, Joseph Houck…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The substantial question which must control this case is *267whether a deed of settlement of land by a husband upon his wife, which at the time of execution would be void against creditors, can be sustained by relation back to an antenuptial agreement in parol.
This question has been the subject of much discussion and difference of opinion in the English cases. It is agreed that before the statute of frauds such parol agreements were valid and binding, and therefore settlements made in pursuance of them after marriage were good even against existing creditors. And in…
2Cases cited5 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Kehr v. SmithSupreme Court of the United States · 1874
- Sackett v. SpencerSupreme Court of Pennsylvania · 1870
- Meyers v. Waverly Fabrics, Division of F. Schumacher & Co.New York Court of Appeals · 1985
3Cited by10 opinions
- Jones v. WilliamsSupreme Court of Vermont · 1920
- Burkhart v. Farmers' Union Ass'nSuperior Court of Pennsylvania · 1899
- Gagnon v. Baden-Lick Sulphur Springs Co.Indiana Court of Appeals · 1914
- Berenato v. GazzaraSupreme Court of Pennsylvania · 1943
- Erickson v. Meier & Frank Co.Oregon Supreme Court · 1932
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