Winch's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Warren county: In Equity: No. 135, to January Term 1869. In the court below this was a bill filed March 5th 1866, by J. Y. James and Polly S. James, for her use, against H. W. Winch and Robert Allen, sheriff of Warren county.
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Appeal from the decree of the Court of Common Pleas of Warren county: In Equity: No. 135, to January Term 1869. In the court below this was a bill filed March 5th 1866, by J. Y. James and Polly S. James, for her use, against H. W. Winch and Robert Allen, sheriff of Warren county. The bill set out that the complainant, Polly S. James, was a married woman, the wife of the other complainant; that she was owner in her own right, by deed of March 9th 1864, from Lewis Arnett, of lots in the borough of Warren; that Winch issued execution on a judgment held by him against the said J. Y. James,…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Agnew, J.
The court below erred in making the decree in this case. Where the title of the wife is disputed, and where the creditor has a right to proceed against the property to test her title, it is error to assume jurisdiction, and enjoin against the creditor’s execution, and thus to withdraw contested facts from a trial by jury. To do this is to deny the undoubted right of a creditor to sell whatever interest he believes the husband has in the property. A fraudulent concealment of his title in the name of the wife lies at the bottom…
2Cited by10 opinions
- Hogsett v. ThompsonSupreme Court of Pennsylvania · 1917
- Brackin v. Welton Engineering Co.Supreme Court of Pennsylvania · 1925
- Artman v. GilesSupreme Court of Pennsylvania · 1893
- Kreamer v. FlemingSupreme Court of Pennsylvania · 1901
- Mantz v. KistlerSupreme Court of Pennsylvania · 1908
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