Legal Opinion

Lohmiller v. Gotwals

Superior Court of Pennsylvania

Decided October 28, 1942No. Appeal, 279PublishedCited by 9 opinions

1Opinion of the Court

Per Curiam,-

Rents for a property held by husband and wife as tenants by entireties were collected by defendants who acted as real estate agents for the property. The net rents were paid as received during the rental periods to the husband by defendants. The wife claims that she was entitled to an accounting by defendants for her share.

Either spouse, where land is held by entireties and so long as the marriage subsists, has the power to lease and receive the rents as they accrue and give an acquittance for the money so paid. Fish et ux. v. Kaye, 134 Pa. Superior Ct. 49, 53, 4 A. 2d 190;…

2Cases cited5 opinions

  1. Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
  2. O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
  3. Gasner v. PierceSupreme Court of Pennsylvania · 1926
  4. Wakefield v. WakefieldSuperior Court of Pennsylvania · 1942
  5. Fish Et Ux. v. KayeSuperior Court of Pennsylvania · 1938

3Cited by9 opinions

  1. Wallaesa v. WallaesaSuperior Court of Pennsylvania · 1953
  2. Holladay v. FidlerSuperior Court of Pennsylvania · 1945
  3. Derby v. CommissionerUnited States Tax Court · 1953
  4. Deutsche Bank National Trust Co. v. EvansDistrict Court, W.D. Pennsylvania · 2009
  5. Bean v. Harleysville National BankSuperior Court of Pennsylvania · 1946

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