Jenkins v. Pittsburg & Connellsville Railroad
Supreme Court of Pennsylvania
Appeal, No. 15, Oct. T., 1904, by plaintiff, from decree of O. P. Somerset Co., Equity Docket 1908, No. 7, dissolving an injunction in case of Mary A. Jenkins v. Pittsburg & Connellsville Railroad Company. Bill in equity for an injunction.
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Appeal, No. 15, Oct. T., 1904, by plaintiff, from decree of O. P. Somerset Co., Equity Docket 1908, No. 7, dissolving an injunction in case of Mary A. Jenkins v. Pittsburg & Connellsville Railroad Company. Bill in equity for an injunction. Before Kooseb, P. J. From the record it appeared that the plaintiff, a married woman, on November 6, 1901, entered into a written option, in which she was joined by her husband, giving the defendant company a right to purchase five acres of her land for a stated price within sixty days. The option was accepted by the defendant within the time named, and…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Prior to the Act of April 4, 1901, P. L. 67, it was uniformly held that the interest of a married woman in real estate could be divested only in the way prescribed by the Act of February 24, 1770, l’Sui. L. 307, and that in relation thereto she was not affected by acts or declarations which in the case of a feme sole would operate as an estoppel. Without a separate acknowledgment her agreements touching her land were void, and could not be enforced at law nor in equity. It was decided in Bingler v. Bowman, 194 Pa. 210, that the Act of June 8, 1893, P. L. 344, did…
2Cases cited1 opinion
- Bingler v. BowmanSupreme Court of Pennsylvania · 1899
3Cited by3 opinions
- McCoy v. NiblickSupreme Court of Pennsylvania · 1908
- Dondero v. TurrillasNevada Supreme Court · 1939
- Bailey v. CooneySupreme Court of Pennsylvania · 1925