Timbers v. Katz
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Montgomery county. This was an ejectment for a messuage and two acres of land in White-marsh township, brought by John Katz, trustee of John Scheetz, an insolvent debtor, against Jonathan Timbers and Mary Ann his wife, late Mary Ann Scheetz, in which a verdict and judgment were rendered for the plaintiff below. Both parties claimed under the title of Nicholas Freas.
Read the full summary
ERROR to the Common Pleas of Montgomery county. This was an ejectment for a messuage and two acres of land in White-marsh township, brought by John Katz, trustee of John Scheetz, an insolvent debtor, against Jonathan Timbers and Mary Ann his wife, late Mary Ann Scheetz, in which a verdict and judgment were rendered for the plaintiff below. Both parties claimed under the title of Nicholas Freas. The plaintiff showed a deed for the property in dispute from Nicholas Freas to the defendant, Mary Ann Scheetz, daughter of John .Scheetz, for the consideration of $615, dated 1st April 1830, and…
1Opinion of the Court
The opinion of the Court was delivered .by
Gibson, C. J.
This ejectment is brought by the trustee of an insolvent husband, against the husband’s daughter, whose mother assisted her with the proceeds of the mother’s bond, to pay for land which the daughter had purchased; and the plaintiff insists that the money must be taken to have been in the husband’s possession, because he signed the receipt for it: consequently that his creditors may follow it into the land. It was proved that the bond had been a security for the price of land sold by the wife when she was sole; that the husband, though…
2Cases cited3 opinions
- Estate of HindsSupreme Court of Pennsylvania · 1840
- Dennison v. NighSupreme Court of Pennsylvania · 1833
- Robinson v. WoelpperSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- James v. BreamSupreme Court of Pennsylvania · 1919
- McDowell v. PotterSupreme Court of Pennsylvania · 1848
- Moyer's AppealSupreme Court of Pennsylvania · 1875
- Wingate v. ParsonsCourt of Chancery of Delaware · 1871
- Smethurst v. ThurstonPhiladelphia Court of Nisi Prius · 1848