Aubrey v. McIntosh
Superior Court of Pennsylvania
Appeal, No. 65, April T., 1899, by Sarah J. McIntosh, defendant, from judgment of C. P. Fayette Co., Dec. T., 1897, No. 339, on case stated in favor of plaintiff. Opinion by Rice, P. J. Case stated. Before Reppebt, J. The facts sufficiently appear in the opinion of the court below. September 5,1882, Samuel B. G. Jobes conveyed to Sarah J. McIntosh, one of the defendants, the property in dispute.
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Appeal, No. 65, April T., 1899, by Sarah J. McIntosh, defendant, from judgment of C. P. Fayette Co., Dec. T., 1897, No. 339, on case stated in favor of plaintiff. Opinion by Rice, P. J. Case stated. Before Reppebt, J. The facts sufficiently appear in the opinion of the court below. September 5,1882, Samuel B. G. Jobes conveyed to Sarah J. McIntosh, one of the defendants, the property in dispute. Said defendant was a pensioner of the United States, being the widow of a soldier, and the property was purchased with pension money transmitted to and received by her and retained in her possession…
1Opinion of the Court
Opiotoít by
Rice, P. J.,
In order to reverse this judgment we must hold that tbe words of tbe act of congress “ shall inure wholly to tbe benefit of such pensioner ” mean that if be buys land or other property with the money such property is exempt from execution. No decision of our. Supreme Court bas gone so far as that, and not all of tbe cases from other states which bold that tbe protection of tbe statute may extend beyond tbe transmission of tbe money to tbe pensioner’s bands go so far. Some of them recognize tbe distinction between tbe conversion of it into property necessary for tbe…
2Cases cited3 opinions
- Rozelle v. RhodesSupreme Court of Pennsylvania · 1887
- Holmes v. TalladaSupreme Court of Pennsylvania · 1889
- Reiff v. MackSupreme Court of Pennsylvania · 1894
3Cited by9 opinions
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- Saxe v. Board of Revision of TaxesSuperior Court of Pennsylvania · 1932
- Pentz v. First National BankSuperior Court of Pennsylvania · 1920
- Wartella v. OsickSuperior Court of Pennsylvania · 1933
- Loeb v. BenhamSuperior Court of Pennsylvania · 1943
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