Brunner's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Berks county. This was an appeal by John Brunner from the decree of the Orphans’ Court dismissing exceptions filed by him against the confirmation of the report of the auditor on the account of James E. Wells, administrator of the estate of Magdalena Hoffman, deceased, who died intestate.
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Appeal from the Orphans’ Court of Berks county. This was an appeal by John Brunner from the decree of the Orphans’ Court dismissing exceptions filed by him against the confirmation of the report of the auditor on the account of James E. Wells, administrator of the estate of Magdalena Hoffman, deceased, who died intestate. The case was this : — Magdalena Hoffman (formerly Magdalena Byler), who, at the time of her death, was the wife of William Hoffman, died in 1862, seised of a tract of land in Berks county, which afterwards, on application of her administrator, James E. Weils, was sold under…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
At common law a judgment confessed by a married woman is absolutely void, no matter how meritorious may be its consideration. To this a single exception has been admitted in this state. A judgment-bond given by a married woman for the purchase-money of land conveyed to her, has been held a valid security to enable a resort to the land itself. The exception was first declared in Patterson v. Robinson, 1 Casey 81, and it was reasserted in Romberger v. Ingraham, 2 Wright 147. The ground upon which it was rested seems to have been that, to avoid…
2Cases cited1 opinion
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Wiltbank v. ToblerSupreme Court of Pennsylvania · 1897
- Sellers v. HeinbaughSupreme Court of Pennsylvania · 1887
- Harrisburg National Bank v. BradshawSupreme Court of Pennsylvania · 1896