Bingler v. Bowman
Supreme Court of Pennsylvania
Appeal, No. 172, Oct. T., 1899, by plaintiff, from decree of O. P. No. 1, Allegheny County, Sept. T., 1898, No. 527, dismissing bill in equity. Bill in equity for specific performance for the exchange of lands. From the record it appeared that on June 20, 1898, C. H. Bingler executed a contract in writing with C. P. Bowman and Mary Bowman, his wife, by which, it was agreed to exchange certain land belonging to Bingler for certain other lands belonging to Mrs. Bowman.
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Appeal, No. 172, Oct. T., 1899, by plaintiff, from decree of O. P. No. 1, Allegheny County, Sept. T., 1898, No. 527, dismissing bill in equity. Bill in equity for specific performance for the exchange of lands. From the record it appeared that on June 20, 1898, C. H. Bingler executed a contract in writing with C. P. Bowman and Mary Bowman, his wife, by which, it was agreed to exchange certain land belonging to Bingler for certain other lands belonging to Mrs. Bowman. Both Mr. and Mrs. Bowman signed the contract, but it was not acknowledged by any of the parties. Mrs. Bowman refused to carry…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The question is whether an agreement between plaintiff and defendants to exchange lands, executed jointly by husband and wife, defendants, but not separately acknowledged by the latter, is binding upon her.
Two subjects are presented for consideration, and a glance atour statutes makes it apparent that they have not been treated concurrently, but as distinct aud separate subjects for legislation. The rights and powers of a married woman over her property have been substantially revolutionized in recent years, but the mode of exercising them in the alienation of…
2Cases cited2 opinions
- Peck v. WardSupreme Court of Pennsylvania · 1852
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