Alles v. Lyon
Supreme Court of Pennsylvania
Appeal, No. 130, Oct. T., 1906, by defendant, from judgment of O. P. No. 2, Allegheny Co., Oct. T., 1905, No. 944, for plaintiff on case stated in suit of Louisa Alies, formerly Louisa Reis, v. David A. Lyon. ■ Case stated to determine the marketable title to real estate. Before Shafer, J. From the record it appeared that the plaintiff, Louisa Alies, was divorced from John P. Reis. Reis and the plaintiff held the land in question as tenants by entireties.
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Appeal, No. 130, Oct. T., 1906, by defendant, from judgment of O. P. No. 2, Allegheny Co., Oct. T., 1905, No. 944, for plaintiff on case stated in suit of Louisa Alies, formerly Louisa Reis, v. David A. Lyon. ■ Case stated to determine the marketable title to real estate. Before Shafer, J. From the record it appeared that the plaintiff, Louisa Alies, was divorced from John P. Reis. Reis and the plaintiff held the land in question as tenants by entireties. Plaintiff claimed that after the divorce she bought the land in at a sale under a municipal lien, and that she had a full fee simple title…
1Opinion of the Court
Opinion bt
Mr. Chief Justice Mitchell,
It appears by the case stated that the husband and wife were registered owners by entireties of the lot in question when the municipal lien was filed against the wife alone. Judgment on it was entered against her only, and though' the levari facias avérs that it is issued “with notice to John P. Reis” (the husband), yet, as said by the learned judge below, it does not appear that any such notice was given. As against the husband, therefore, the lien was a nullity, and the sale under it passed no title: Simons v. Kern, 92 Pa. 455; Ferguson v. Quinn, 123 Pa.…
2Cases cited11 opinions
- Bramberry's EstateSupreme Court of Pennsylvania · 1893
- Stuckey v. Keefe's ExecutorsSupreme Court of Pennsylvania · 1856
- In re the Appeal of LewisMichigan Supreme Court · 1891
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- Diver v. DiverSupreme Court of Pennsylvania · 1867
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3Cited by45 opinions
- O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
- Wakefield v. WakefieldSuperior Court of Pennsylvania · 1942
- Commonwealth v. SCHWARTZSuperior Court of Pennsylvania · 1967
- Pregrad v. PregradSupreme Court of Pennsylvania · 1951
- Lazare v. LazareSupreme Court of Pennsylvania · 1950
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