Rees v. Waters
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. David Rees against Humphry Waters and Acha,his wife. This was an action of ejectment, for 51 acres of land, which was the estate of the defendant’s wife.
Read the full summary
ERROR to the district court of Allegheny county. David Rees against Humphry Waters and Acha,his wife. This was an action of ejectment, for 51 acres of land, which was the estate of the defendant’s wife. The plaintiff gave in evidence a judgment against Humphry Waters, for 700 dollars, a fieri facias upon it, a levy upon the land in dispute, which was valued at 100 dollars per annum, and a lib erar i facias, upon which the possession thereof was delivered to him, ; The defendant offered to prove that the said judgment of the plaintiff was fraudulently confessed by Humphry Waters, for the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The interest which the husband has in the property *92of the Avife, may be modified and restrained by a court of chancery, by requiring him to make a settlement in favor of his Avife and children. The rules Avhich govern the court, have been well considered in Henry v. Udall, 5 Johns. Chan. Rep. 464. The wife is entitled to a suitable provision for the maintenance of herself and children, out of her separate estate, real, or personal, descended and devised to her during coverture. Th^s equity prevails, equally against the husband or his…
2Cases cited2 opinions
- Yohe v. BarnetSupreme Court of Pennsylvania · 1808
- Starrett v. WynnSupreme Court of Pennsylvania · 1828
3Cited by6 opinions
- In re DoleHawaii Supreme Court · 1903
- Trotter v. TrotterIllinois Supreme Court · 1875
- Moore v. MooreSuperior Court of Pennsylvania · 1916
- Thorndell v. MorrisonSupreme Court of Pennsylvania · 1855
- Richards v. McClellandSupreme Court of Pennsylvania · 1857
1 more not listed; retrieve them via the Exa API.