Martin v. Jackson
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was' an action of ejectment brought September 2, 1854, by Charles C. Jackson against Sarah Ann Martin, to recover the undivided half part of a messuage and lot of ground on the north side of Mulberry (Arch) Street, in the city of Philadelphia. In 1813, Christian Bagendorff conveyed the one-third part of the premises in question to Francis Le Campion and Elizabeth his wife, their heirs and assigns for ever.
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Error to the District Court of Philadelphia. This was' an action of ejectment brought September 2, 1854, by Charles C. Jackson against Sarah Ann Martin, to recover the undivided half part of a messuage and lot of ground on the north side of Mulberry (Arch) Street, in the city of Philadelphia. In 1813, Christian Bagendorff conveyed the one-third part of the premises in question to Francis Le Campion and Elizabeth his wife, their heirs and assigns for ever. In 1818, under proceedings in partition, the remaining two-thirds of the property were adjudged by the court to Le Campion and wife, and a…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
Before the Act of 1848, relative to the rights of married women, husband and wife were regarded as one person in law. No action of partition, or waste, or account, or ejectment *508would lie by one against the other. The husband could not sell his land free from the dower of his wife. The wife could not sell hers at all, without joining her husband in the conveyance. They were incapable, by reason of the marriage relation, of exercising any of the usual rights of tenants in common. It is evident, therefore, that they were incapable of taking an…
2Cases cited18 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Hood v. FahnestockSupreme Court of Pennsylvania · 1839
- Lessee of Billington v. WelshSupreme Court of Pennsylvania · 1812
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Alles v. LyonSupreme Court of Pennsylvania · 1907
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. ScottSupreme Court of Pennsylvania · 1938
- People Ex Rel. Department of Public Works v. NogarrCalifornia Court of Appeal · 1958
- Johns v. JohnsSupreme Court of Pennsylvania · 1914
14 more not listed; retrieve them via the Exa API.