Elsey v. McDaniel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JSrie county: Of October and November Term 1880, No. 195. Ejectment by the heirs of Orvaline Jane Millar against Daniel J. McDaniel, to recover a lot of ground in the city of Erie. At the trial, it appeared that Orvaline Jane Millar. in 1839, when unmarried, became seised of the lot in dispute as part of her distributive share of her father’s estate.
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Error to the Court of Common Pleas of JSrie county: Of October and November Term 1880, No. 195. Ejectment by the heirs of Orvaline Jane Millar against Daniel J. McDaniel, to recover a lot of ground in the city of Erie. At the trial, it appeared that Orvaline Jane Millar. in 1839, when unmarried, became seised of the lot in dispute as part of her distributive share of her father’s estate. In 1840, she married John H. Millar, and in 1852, lie deserted his wife and family without making provision for their support, and was absent ten years. In 1864 Orvaline died, and in 1877 her husband, Millar,…
1Opinion of the Court
The judgment of the Supreme Court'was entered
2Per curiam
We consider this case as authoritatively ruled by the judgment of this court in Black v. Tricker, 9 P. F. Smith 13. It was held in that case that under the Act of May 5th 1855, it is not necessary that there should be a decree that a wife is to be regarded as a feme sole trader to enable her to hold property under *474the circumstances mentioned in the act. The decree was provided for in order that creditors, purchasers and others may, with certainty and safety, transact business with a married woman. There was ample evidence-of desertion by the…
3Cited by7 opinions
- Thornton v. PierceSupreme Court of Pennsylvania · 1937
- Simon's EstateSuperior Court of Pennsylvania · 1902
- Peoples Sav. Bank v. DenigSupreme Court of Pennsylvania · 1890
- Flanagan's EstateSuperior Court of Pennsylvania · 1915
- Hockenberry's Petition, Pennsylvania Court of Common Pleas, Westmoreland County1944
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