Thompson v. Allen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county : Of January Term 1883, No. 125. Ejectment, by Norman C. Thompson against Emily Allen and Almanzo B. Allen, to recover a tract of land situate in the township of Albany. Plea, not guilty.
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Error to the Court of Common Pleas of Bradford county : Of January Term 1883, No. 125. Ejectment, by Norman C. Thompson against Emily Allen and Almanzo B. Allen, to recover a tract of land situate in the township of Albany. Plea, not guilty. On the trial, before Morrow, P. J., the following facts appeared : Both plaintiff and defendant claim title to this tract of land under Almanzo B. Allen, who was seised -thereof in fee simple prior to April 6th 1871, the plaintiff founding his claim upon a sheriff’s sale made September 6th 1878, on a judgment against said Allen, at which sale he had…
1Opinion of the CourtChief Justice Mercur
It is true a deed from a husband directly to his wife is a nullity at common law. Under modern legislation and the application of equitable principles, a wide departure has been made from the common law, in respect to the ability of a wife to acquire and hold property. Her right of acquisition and power of control is not restricted to property obtained from one not her husband. When not in fraud of creditors of the husband a conveyance from him directly to his wife may be sustained on equitable principles : Coates et al. v. Gerlach, 8 Wright 43; Townsend et al. v. Maynard, 9 Id. 198;…
2Cited by7 opinions
- Peoples Savings & Dime Bank & Trust Co. v. ScottSupreme Court of Pennsylvania · 1931
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
- Dayen's EstatePennsylvania Orphans' Court, Philadelphia County · 1929
- Long v. Barnet, Pennsylvania Court of Common Pleas, Berks County1929
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