Fisher v. Filbert
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks. This was an action of debt, brought by Peter Filbert to the use of Sarah Fisher against John Fisher, on the following bond: “ Know all men by these presents, that I, John Fisher, of Long-swamp township, Berks county, and state of Pennsylvania, am held.and firmly bound unto Peter Filbert, trustee of Sarah, wife of the said John Fisher, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Peter…
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Error to the Common Pleas of Berks. This was an action of debt, brought by Peter Filbert to the use of Sarah Fisher against John Fisher, on the following bond: “ Know all men by these presents, that I, John Fisher, of Long-swamp township, Berks county, and state of Pennsylvania, am held.and firmly bound unto Peter Filbert, trustee of Sarah, wife of the said John Fisher, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Peter Filbert, for the use of the said Sarah Fisher, or to whomsoever the said Sarah shall appoint, (the said John, her husband,…
1Opinion of the CourtBell, J.
The first error assigned impeaches the bond, the subject of this suit, as utterly invalid against the husband, because, as it is thought, the money due under it, when collected, would belong to him. But this depends on the question, whether, in equity, the effect of the instrument is to confer a separate interest on the wife. It is now too firmly settled, by numerous authorities, to admit of question, that a wife may acquire a separate property by agreement with the husband, either with or without the intervention of trustees; McKennan v. Phillips, 6 Whart. 571, 2 Story’s Eq. § 1380. And I…
2Cases cited1 opinion
- Blaker v. Cooper ex rel. RiceSupreme Court of Pennsylvania · 1822
3Cited by2 opinions
- Christie's EstateSuperior Court of Pennsylvania · 1908
- Rubalcava v. Rubalcava, Pennsylvania Court of Common Pleas, Mercer County1970