Richards v. McClelland
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county. This was an action of ejectment, brought by Andrew McClelland and Mary McClelland his wife, against Stephen Richards and Thomas Stentz, to recover about 8 acres of land, adjoining the town of Smithfield, in George township, Fayette county.
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Error to the Court of Common Pleas of Fayette county. This was an action of ejectment, brought by Andrew McClelland and Mary McClelland his wife, against Stephen Richards and Thomas Stentz, to recover about 8 acres of land, adjoining the town of Smithfield, in George township, Fayette county. The property in controversy in this suit was devised to Mary McClelland, by her father Robert Brownfield, by his will dated 30th January, 1815, which will was admitted to probate, March 15th, 1815. After her father’s death, Mary intermarried with Thomas Gaddis, and by him had issue several children. He…
1Opinion of the Court
The opinion of the court was delivered by
KnoX, J.
Under the authority of several Pennsylvania cases, particularly that of Rees v. Waters, 9 Watts 90, and that of Thorndell v. Morrison, 1 Casey 326, the Court of Common Pleas rightly excluded the testimony embraced in the defendants’ offer.
The separate deed of a married woman purporting to convey real estate belonging to her in her own right is void, whether against her, or her husband, even although a full consideration has been paid to her for the estate conveyed.
That the husband has deserted the wife without providing for her support, and…
2Cases cited1 opinion
- Rees v. WatersSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- BOSSES v. MAHALSKYSupreme Court of Pennsylvania · 1950
- Haines TrustSupreme Court of Pennsylvania · 1946