Powell's Appeal
Supreme Court of Pennsylvania
June 16th 1881. Befere Sharswood, C. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Appeals from the Common Pleas of FrcmlcUn county: Of May Term 1881, Nos. 182, 183. Appeals of Joanna Powell and of Anna M. Firey, executrix of Solomon Firey, deceased, from a decree distributing the proceeds of certain real estate sold under the order of the court by B F. Winger and Alexander Schafhert, assignees of" Benjamin M. Powell, under a deed of voluntary assignment for…
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June 16th 1881. Befere Sharswood, C. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Appeals from the Common Pleas of FrcmlcUn county: Of May Term 1881, Nos. 182, 183. Appeals of Joanna Powell and of Anna M. Firey, executrix of Solomon Firey, deceased, from a decree distributing the proceeds of certain real estate sold under the order of the court by B F. Winger and Alexander Schafhert, assignees of" Benjamin M. Powell, under a deed of voluntary assignment for the benefit of creditors. Before the auditor, F. W. Patton, Esq., the following facts appeared in evidence: Daniel Stahl…
1Opinion of the CourtJustice Paxson
It was contended that the release of Joanna Powmll in her husband’s favor for the one half of the legacy of $3,000 charged upon his land was invalid for the reason that it was not properly acknowdedged. The acknowledgment w’as made before a justice of the pe'ace, who certified that before him “ personally appeared the within named Joanna Powell and acknowledged the foregoing instrument of . . . signed by her to be her act and deed, and that the same was done without any coercion *411of her husband Benjamin M. Powell, and desired that the same might be recorded as such, . . . and further the said…
2Cases cited1 opinion
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Robb v. BighamSupreme Court of Pennsylvania · 1889
- Thomas v. ButlerSuperior Court of Pennsylvania · 1901
- Stuart v. StuartSupreme Court of Pennsylvania · 1897