Legal Opinion

Lehr v. Beaver

Supreme Court of Pennsylvania

Decided September 15, 1844PublishedCited by 2 opinions

ERROR to the District Court of Allegheny county. Samuel Lehr against John F. Beaver. This was an action on the case, in which the plaintiff declared in assumpsit for money had and received, laid out and expended, paid and advanced, &c. The facts presented this case. In 1834 Mary Lehr, the wife of the plaintiff, having derived a tract of land by descent from her father, joined her husband in a sale and conveyance of it.

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ERROR to the District Court of Allegheny county. Samuel Lehr against John F. Beaver. This was an action on the case, in which the plaintiff declared in assumpsit for money had and received, laid out and expended, paid and advanced, &c. The facts presented this case. In 1834 Mary Lehr, the wife of the plaintiff, having derived a tract of land by descent from her father, joined her husband in a sale and conveyance of it. In 1841 the husband and wife having separated, entered into a written agreement by the terms of which the deferred payments for the land, amounting to f1200, were to be divided…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first question presented by this case is, whether the agreement reduced to writing and signed by the plaintiff, be void or not. It is contended on behalf of the plaintiff that the agreement being made with his wife was void, and therefore could have no effect whatever upon his right to demand and receive the money in question. It is no doubt true, that in England, according to the common law, as Littleton says, section 168, “ A man may not grant, nor give his tenements to his wife, during the coverture, for that his wife and he be but…

2Cases cited3 opinions

  1. Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
  2. Jordan v. CooperSupreme Court of Pennsylvania · 1817
  3. Lang v. KeppeleSupreme Court of Pennsylvania · 1804

3Cited by2 opinions

  1. Church v. RulandSupreme Court of Pennsylvania · 1870
  2. Kaiser's EstateSuperior Court of Pennsylvania · 1900

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