Dailey v. Frey
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1902, by defendants, from decree of C. P. No. 5, Phila. Co., Sept. T., 1901, No. 2107, on bill in equity for partition in case of Margaret Dailey, Guardian of Amelia Bradley Sharpe, a Minor, v. John Frey and Julia Frey, his Wife. Bill in equity for partition.
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Appeal, No. 357, Jan. T., 1902, by defendants, from decree of C. P. No. 5, Phila. Co., Sept. T., 1901, No. 2107, on bill in equity for partition in case of Margaret Dailey, Guardian of Amelia Bradley Sharpe, a Minor, v. John Frey and Julia Frey, his Wife. Bill in equity for partition. Ralston, J., found the facts to be as follows: The bill avers that Amelia Bradley Sharpe, born August 25, 1885, is the daughter of Frederick Sharpe and Margaret Bradley Sharpe (who was the daughter of Daniel Bradley), who were married on September 10, 1884; that Margaret Bradley Sharpe died on or about September…
1Opinion of the Court
Per Curiam,
To a bill for partition of lands formerly of one Bradley between plaintiff’s ward, a granddaughter of Bradley, and defendant, a daughter, the answer denied the legitimacy of the plaintiff. This was equivalent to a plea of non tenent insimul, and there being no other facts in dispute the judge, apparently by agreement, proceeded to determine the case on this single issue.
*230The defendant denied plaintiff’s legitimacy on two grounds, first that her parents had never been married, and secondly that at the time of the alleged marriage the mother was the wife of another man. All the…
2Cases cited1 opinion
- Hill v. Hill's AdministratorSupreme Court of Pennsylvania · 1859
3Cited by3 opinions
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- State v. SpringerUtah Supreme Court · 1911
- Hooven v. HoovenSuperior Court of Delaware · 1925