Stickney v. Borman
Supreme Court of Pennsylvania
Appeal from Nisi Prius. Dec. 8. — In ejectment, for an undivided sixth of a lot on Seventh street, the plaintiff showed a deed, in 1801,-to Jacob Belsterling, the father of John F., reserving a ground-rent; the will of Jacob, in September, 1815, whereby he devised the residue of his estate, among his seven children in fee, of whom John F. Belsterling was one; the discharge of John F., as an insolvent debtor, in Oct. 1838. In the schedule, annexed to his petition, this…
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Appeal from Nisi Prius. Dec. 8. — In ejectment, for an undivided sixth of a lot on Seventh street, the plaintiff showed a deed, in 1801,-to Jacob Belsterling, the father of John F., reserving a ground-rent; the will of Jacob, in September, 1815, whereby he devised the residue of his estate, among his seven children in fee, of whom John F. Belsterling was one; the discharge of John F., as an insolvent debtor, in Oct. 1838. In the schedule, annexed to his petition, this property was mentioned, and plaintiff was appointed trustee. The defendant gave in evidence a deed, called an indenture, dated…
1Opinion of the CourtRogers, J.
— As the legal existence of the wife is merged in the husband, a conveyance by the husband to the wife, without the intervention of a trustee, is void at law'; and in equity, courts frequently refuse to lend assistance to such a deed, or to any agreement between them. Of this many instances are given in Sheppard v. Sheppard, 7 Johns. C. R. 60, where the cases are fully reviewed. But there are cases, where a court of chancery will not refuse its aid, as when the grant to the wife is nothing more than a reasonable provision for her, taking the circumstances of the husband at the time into…
2Cited by5 opinions
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
- Estate of KeslerSupreme Court of Pennsylvania · 1891
- Swartz v. BachmanSupreme Court of Pennsylvania · 1920
- Carpenter & Pierce Co. v. RothwellSuperior Court of Pennsylvania · 1926
- Hare v. O'BrienSupreme Court of Pennsylvania · 1915