Starrett v. Wynn
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Chester county. ■ • This was an action of trespass, brought by the plaintiff in error, William Starrett, to recover damages for certain personal property seized and sold by John Wynn, one of the defendants in error, as a constable under an execution at the suit of Joshua Evans, the other defendant in error, against a certain Reuben Starrett.
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IN ERROR. Writ of error to the Court of Common Pleas of Chester county. ■ • This was an action of trespass, brought by the plaintiff in error, William Starrett, to recover damages for certain personal property seized and sold by John Wynn, one of the defendants in error, as a constable under an execution at the suit of Joshua Evans, the other defendant in error, against a certain Reuben Starrett. The property in question once belonged to Reuben Starrett, but had been sold under an execution at the suit of his sister, Mary Starrett, bought in for her, and by her will left to the minor…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The testimony would have justified the jury in finding, that Mary Starrett had been abandoned by her husband, Samuel Gibson. The fact of abandonment as being found by the jury, raises a question of some novelty, as well as of great importance to feme coverts, whether property acquired during the time of the desertion, can be disposed of by the wife, by will, or otherwise. In other words, is property acquired under such circumstances separate estate, and, as such,' subject to her disposition? It is. conceded, that the control of the husband…
2Cited by2 opinions
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