Barkley's Appeal
Supreme Court of Pennsylvania
Appeal, No. 107, Oct T., 1888, from a decree of O. C. Washington Co., dismissing a petition by Josephine Barkley, by next friend, for a review of partition proceedings, and stay of lev. fa. to compel payment of valuation money, in the estate of George Bentley, deceased, at Feb.
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Appeal, No. 107, Oct T., 1888, from a decree of O. C. Washington Co., dismissing a petition by Josephine Barkley, by next friend, for a review of partition proceedings, and stay of lev. fa. to compel payment of valuation money, in the estate of George Bentley, deceased, at Feb. T., 1887, No. 18. The petition, after stating the facts appearing by the opinion of the court below, asked relief because, 1, the court had awarded purpart A to her husband, W. F. Barkley, in his own right, without her consent, and that in so doing, it had exceeded its jurisdiction; and, 2, that the calculation or…
1Opinion of the Court
Per Curiam,
We are not persuaded that the court below erred in the disposition of this case. Mrs. Josephine Barkley, through the agency of her husband, was the actor in this partition; and, that the purpart was awarded to him, instead of to her, matters little, seeing that her money was used to pay the owelty. She was in equity the owner of the land, and could have compelled a conveyance to herself. Under such circumstances, she cannot now be allowed to resist the collection of the recognizance.
Decree affirmed and appeal dismissed at costs of appellant.
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