Todd's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Lancaster county. This was a bill in equity by the administrator of the estate of Samuel Ankrim, deceased, against Charles T. Todd and Susanna his wife, and William A. Todd, and others, their children, eight in number, under circumstances as follows:— John W. Kennedy was the owner of above 87 acres of land, which was bound by a judgment for $300, entered on 14th June, 1843, in favor of Samuel Ankrim.
Read the full summary
Appeal from the decree of the Court of Common Pleas of Lancaster county. This was a bill in equity by the administrator of the estate of Samuel Ankrim, deceased, against Charles T. Todd and Susanna his wife, and William A. Todd, and others, their children, eight in number, under circumstances as follows:— John W. Kennedy was the owner of above 87 acres of land, which was bound by a judgment for $300, entered on 14th June, 1843, in favor of Samuel Ankrim. Kennedy, on 29th April, 1844, conveyed the land to Susanna Todd and her children, and their heirs. There was paid in hand above $1200, and…
1Opinion of the Court
The opinion of the Court was delivered by
LoWRIE, J.
Dishonest as this defence looks, we cannot turn it out of Court on the ground taken below; that is, because a married woman may contract so as to charge her separate estate; for here there is no separate estate. That expression always refers to an. equitable estate, held by somebody in trust for a married woman. If she has the legal title to the land, she has no separate estate in it; for the legal incidents of the marriage relation accompany it.
The bill charges that, for a sufficient consideration, Mrs. Todd agreed to pay the plaintiff $300,…
2Cited by6 opinions
- Bell, Secy. of Banking v. BradySupreme Court of Pennsylvania · 1943
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- Mullin v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Hood v. JonesCourt of Chancery of Delaware · 1875
- Phila. Trust Co. v. Phila. & R. C. & I. Co.Supreme Court of Pennsylvania · 1891
1 more not listed; retrieve them via the Exa API.