Lancaster County Bank v. Stauffer
Supreme Court of Pennsylvania
Appeal from the District Court of Lancaster. An attachment execution having been served, a motion was made on the part of the plaintiff, to have a sequestrator appointed, which was refused, and this appeal taken. The judgment was entered May 1, 1847. From the answers of-the garnishees to the interrogatories, it appeared that on the 20th April, 1847, an order was made by the Orphans’ Court, in proceedings in partition, for the appraisement of the real estate of C. Kilheffer.
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Appeal from the District Court of Lancaster. An attachment execution having been served, a motion was made on the part of the plaintiff, to have a sequestrator appointed, which was refused, and this appeal taken. The judgment was entered May 1, 1847. From the answers of-the garnishees to the interrogatories, it appeared that on the 20th April, 1847, an order was made by the Orphans’ Court, in proceedings in partition, for the appraisement of the real estate of C. Kilheffer. Elizabeth, the wife of John Stauffer, the defendant in the judgment, was one of the heirs. Her share of the valuation…
1Opinion of the CourtGibson, C. J.
It has sometimes been said, that a husband is tenant by the curtesy initiate by the marriage; bu1there is no curtesy in any degree before the birth of issue ; for, though the marriage is the foundation of the whole, it does not constitute it at the common law. The husband, indeed, becomes seised of a freehold by the marriage; but it is the wife’s freehold, not his, insomuch that both must do homage for it: 2 Bl. Com. 126. The reason that he is even seised of it is, that her personal existence has entered into his, but with all her personal rights, powers, and duties attached to it. For every…
2Cited by2 opinions
- Scaife v. McKeeSupreme Court of Pennsylvania · 1929
- Commissioners of the Rouse Estate v. Directors of Poor of McKean County Poor DistrictSupreme Court of Pennsylvania · 1895