McFarlin v. Lehder
Superior Court of Pennsylvania
Appeal, No. 211, Oct. T., 1900, by defendant, from order of C. P. Blair Co., June T., 1900, No. 26, making absolute a rule to show cause why writ of possession should not be issued to deliver real estate in possession of Mrs. Emma Lehder to D. M. McFariin, purchaser at her husband’s assignee’s sale. Rule to show cause why writ of possession should not be issued. The facts appear by the opinion of the Superior Court.
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Appeal, No. 211, Oct. T., 1900, by defendant, from order of C. P. Blair Co., June T., 1900, No. 26, making absolute a rule to show cause why writ of possession should not be issued to deliver real estate in possession of Mrs. Emma Lehder to D. M. McFariin, purchaser at her husband’s assignee’s sale. Rule to show cause why writ of possession should not be issued. The facts appear by the opinion of the Superior Court. The court below in an opinion by Bell, P. J., made the rule absolute. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, J.,
This case was disposed of by the court below on petition and answer, and from the record it appears that, owing to difficulties between them, Mrs. Emma Lehder and her husband executed articles of separation on September 23, 1898, by which the husband was to pay the wife $180 per year for the support of herself and two children aged eleven and thirteen years. The articles of separation contained the following clause: “He does further hereby covenant, promise, and agree with his said wife that he shall and will during her natural life allow her to remain in the house they…
2Cases cited8 opinions
- Hiester v. GreenSupreme Court of Pennsylvania · 1864
- Ringrose v. RingroseSupreme Court of Pennsylvania · 1895
- Rohn v. OdenwelderSupreme Court of Pennsylvania · 1894
- Bonebrake v. SummersSuperior Court of Pennsylvania · 1898
- Estate of WashburnSupreme Court of Pennsylvania · 1898
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