Beihl v. Martin
Supreme Court of Pennsylvania
Appeal, No. 119, Jan, T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1911, No. 3548, for plaintiff on case stated in suit of Ernest H. Beihl and Clara Beihl, his wife, v. William J. Martin. Case stated to determine marketable title to real estate.
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Appeal, No. 119, Jan, T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1911, No. 3548, for plaintiff on case stated in suit of Ernest H. Beihl and Clara Beihl, his wife, v. William J. Martin. Case stated to determine marketable title to real estate. The facts are set forth in the case stated as follows: 1. That Ellwood Smith and wife, by deed dated May 20, 1903, and recorded in deed book W. S. V. 139, page 535, etc., and conveyed nnto Ernest H. Beihl and Clara L. Beihl, his wife (therein called the grantees — the form of grant being, to wit: “Do grant, bargain, and…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It may be that because of modern innovations on the common law respecting the property rights of married women, the venerable estate known as estate by entireties has outlived the purpose of its creation and is out of harmony with present conditions. However this may be, if change is desired, it must come through legislative action and not through judicial construction. This estate is too well established and too well defined to be subject to judicial impairment. Recognizing its very anomalous character we have been careful, as all our cases show, to give effect…
2Cases cited4 opinions
- Stuckey v. Keefe's ExecutorsSupreme Court of Pennsylvania · 1856
- McCurdy & Stevenson v. CanningSupreme Court of Pennsylvania · 1870
- Fleek v. ZillhaverSupreme Court of Pennsylvania · 1887
- Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810
3Cited by122 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Vasilion v. VasilionSupreme Court of Virginia · 1951
- Berhalter v. BerhalterSupreme Court of Pennsylvania · 1934
- O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
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