Barto's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Lebanon county. In Equity. Tobias Barto, the appellant, filed his bill in the Court of Common Pleas, on the 11th of October 1861, against John M. Mark and Catharine Mark his wife.
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Appeal from the decree of the Court of Common Pleas of Lebanon county. In Equity. Tobias Barto, the appellant, filed his bill in the Court of Common Pleas, on the 11th of October 1861, against John M. Mark and Catharine Mark his wife. The bill averred that he was a judgment-creditor of John M. Mark for $616.40, his judgment having been recovered on a promissory note, dated March 13th 1860, given in settlement of a book account clue from Mark; that Catharine Mark the wife, in 1853, became and still is the owner in fee of a lot of ground in the borough of Lebanon; that she paid $1915 only for…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1867, by
Woodward, C. J.
— This was a bill in equity to charge a married woman’s estate with a debt of her insolvent husband, on the ground that he had expended a larger sum of his means in improving her real estate, though against her will and consent. If it were the very debt incurred in making the improvements, the fact that they were made against her consent would be a sufficient defence; for if a married woman’s real estate is to be charged for improvements, they must he such as she authorizes and consents to — not such as an insolvent…
2Cited by4 opinions
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