Legal Opinion

Leinbach v. Templin

Supreme Court of Pennsylvania

Decided March 4, 1884PublishedCited by 3 opinions

Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 245. This was a feigned issue, under the sheriff’s interpleader Act, wherein Lavina Templin, wife of Levi Templin, was plaintiff, and Daniel W. Leinbach was defendant, to determine' the ownership of certain goods which had been levied upon as the property of Levi Templin under an execution upon a judgment against him, held by Daniel W. Leinbach, and which were claimed by Mrs. Templin as her…

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Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 245. This was a feigned issue, under the sheriff’s interpleader Act, wherein Lavina Templin, wife of Levi Templin, was plaintiff, and Daniel W. Leinbach was defendant, to determine' the ownership of certain goods which had been levied upon as the property of Levi Templin under an execution upon a judgment against him, held by Daniel W. Leinbach, and which were claimed by Mrs. Templin as her property. On the trial, before Hagenman, P. J., the evidence on behalf of the plaintiff was to the following effect: In Í877…

1Opinion of the CourtJustice Clabk

The Act of 1848 provides, in very clear terms, that “property of whatever kind or nature, which shall accrue to a married woman, during coverture,” shall be “ owned and enjoyed by her, as her own separate property,” and “ shall not be subject to levy and execution for the debts and liabilities of her husband.” It is her “property” only, however, that the legislature intended to protect; her earnings, her efforts and her credit are her husband’s, since the Act of 1848, as before. What she may be said to acquire, as the l'esult of her skill and industry, or on her merely personal credit,…

2Cited by3 opinions

  1. Orr & Lindsley v. BornsteinSupreme Court of Pennsylvania · 1889
  2. Welch v. SheafferSuperior Court of Pennsylvania · 1905
  3. Wayne v. LewisSupreme Court of Pennsylvania · 1889

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