Baum v. Birchall
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1892, from decree of C. P. No. 1, Phila. Co., Dec. T., 1890, No. 421, opening judgment, entered on bond and warrant of attorney against Henry C. Birchall and Sallie S. Birchall his wife, as to Sallie S. Birchall, said bond accompanying a purchase-money mortgage on real estate in Delaware, purchased by said wife while domiciled in Pennsylvania. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 191, Jan. T., 1892, from decree of C. P. No. 1, Phila. Co., Dec. T., 1890, No. 421, opening judgment, entered on bond and warrant of attorney against Henry C. Birchall and Sallie S. Birchall his wife, as to Sallie S. Birchall, said bond accompanying a purchase-money mortgage on real estate in Delaware, purchased by said wife while domiciled in Pennsylvania. The facts appear by the opinion of the Supreme Court. The bond did not name Mrs. Birchall as a married woman, and the warrant of attorney empowered “ any attorney or prothonotary of any court of record in the state of Delaware…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The defendants are and were at the date of the bond on which this judgment was entered husband and wife. In the winter of 1884-5 they lived in this state near Philadelphia. Desiring to remove to Delaware they visited Dover and its vicinity in February in 1885 in search of a suitable farm on which to make their home. Among the farms examined by them was that of Baum the plaintiff, from whom they got the price and terms of payment at which he would sell. They then returned to their home near Philadelphia; but H. C. Birchall, the husband, soon after returned to…
2Cases cited4 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Hill v. ChaseMassachusetts Supreme Judicial Court · 1886
- Evans v. ClearySupreme Court of Pennsylvania · 1889
- Brown v. Camden & Atlantic RailroadSupreme Court of Pennsylvania · 1877
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- Wick v. DawsonWest Virginia Supreme Court · 1896
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