Cowperthwaite v. First National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna County: Of July Term 1882, No. 65. This was originally a proceeding before an alderman to obtain possession of real estate purchased at sheriff’s sale, pursuant to the Act of June 16th 1836 (P. L. 780) and its supplement of May 24th 1878 (P. L. 134) wherein The First National Bank of Carbondale was plaintiff and Nancy C. Cowperthwaite and James Cowperthwaite her husband; were defendants.
Read the full summary
Error to the Court of Common Pleas of Lackawanna County: Of July Term 1882, No. 65. This was originally a proceeding before an alderman to obtain possession of real estate purchased at sheriff’s sale, pursuant to the Act of June 16th 1836 (P. L. 780) and its supplement of May 24th 1878 (P. L. 134) wherein The First National Bank of Carbondale was plaintiff and Nancy C. Cowperthwaite and James Cowperthwaite her husband; were defendants. Before the alderman the said defendants filed respectively the following affidavit in arrest of judgment:— “I, James Cowperthwaite, do swear that I firmly…
1Opinion of the CourtJustice Clark
When this case was here before (10 W. N. C. 532), it was not in proof that Mrs. Cowperthwaite alleged any other title, than such as she claimed to arise from the paroi contract, which she claimed to have made'with the officers, of the Carboudale Lank, to purchase the property for her at the sheriff’s sale. She was, of course, the wife of the defendant in the execution, and had a prospective dower interest, contingent upon her surviving him. She did not then offer to show that she had paid any part of the purchase money on the original purchase of the land by her husband, or that she had any…
2Cases cited1 opinion
- Jackman v. RinglandSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Cameron v. Townsend Et Ux.Supreme Court of Pennsylvania · 1926
- Meredith v. Punxsutawney Nat. BankSupreme Court of Pennsylvania · 1923
- Russell v. RussellU.S. Circuit Court for the District of New Jersey · 1904
- Hoover v. StrohmSuperior Court of Pennsylvania · 1910