Richard v. Brehm
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 234, to July Term 1870. This was an action of ejectment for a messuage and three lots of ground in Philadelphia, brought July 20th 1870, by Richard H. Brehm against John H. Richard. The plaintiff claimed as devisee of Mary E. Richard; the defendant claimed as tenant by the curtesy as surviving husband of the same Mary E. Richard. The question in the case was, whether Mary E. Richard had been the wife of the defendant, John H. Richard.
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Certificate from Nisi Prius: No. 234, to July Term 1870. This was an action of ejectment for a messuage and three lots of ground in Philadelphia, brought July 20th 1870, by Richard H. Brehm against John H. Richard. The plaintiff claimed as devisee of Mary E. Richard; the defendant claimed as tenant by the curtesy as surviving husband of the same Mary E. Richard. The question in the case was, whether Mary E. Richard had been the wife of the defendant, John H. Richard. The cause was tried at Nisi Prius, February 6th 1871, before Thompson, C. J. The plaintiff gave evidence showing that the title…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Mercur, J.
This was an action of ejectment in which the plaintiff brought suit to recover as the devisee of Mary E. Richard. Defence was made principally upon the ground that the defendant was the surviving husband of said Mary. That fact was denied and presented the controlling question in the case.
Marriage is a civil contract jure gentium, to the validity of which the consent of parties, able to contract, is all that is required by natural or public law. If the contract is made per verba de prcesenti, though it is not consummated by…
2Cases cited1 opinion
- Hantz v. SealySupreme Court of Pennsylvania · 1814
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- In Re Estate of GargesSupreme Court of Pennsylvania · 1977
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