Schmehl v. Mellinger

Opinion by

Mr. Justice Stern,

Plaintiffs’ bill in equity alleges the following facts: Defendant and his wife Lillian bought a tract of land, the purchase money being paid out of the separate estate of the wife but title taken in the name of both as tenants by entireties. A dwelling house was erected thereon, the cost of which was paid by the wife. Sometime later defendant agreed to execute documents necessary to relinquish all rights that ¡he might have as husband in his wife’s separate estate. Both of them believed that the land and house -were part of such separate estate. Accordingly…