McKendry v. McKendry
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 10 October Term 1889, Sup. Ct.; court below, No. 448 June Term 1887, C. P. No. 1. On April ,£¡8, 1887, Elizabeth J. MeKendry by her mother and next friend, Matilda B. Thompson, brought ejectment against W illiam MeKendry and John Eessler, a tenant under him, to recover a tract of 86 acres of land in Moon township.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 10 October Term 1889, Sup. Ct.; court below, No. 448 June Term 1887, C. P. No. 1. On April ,£¡8, 1887, Elizabeth J. MeKendry by her mother and next friend, Matilda B. Thompson, brought ejectment against W illiam MeKendry and John Eessler, a tenant under him, to recover a tract of 86 acres of land in Moon township. Issue. / Atfthe trial on May 3, 1888, it was admitted that the legal tithe to the property in dispute was in the plaintiff, who was the wife of William MeKendry, the defendant. The facts then Kiade to…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The first specification of error presents the question whether the plaintiff can maintain this action against the defendants, one of whom is her husband. It was an action of ejectment brought in the court below to recover the possession of certain real estate, admittedly the separate property of the wife. It is clear she could not sustain such suit at common *34law. Can she do so by force of any act of assembly? We throw out of the case the act approved June 3,1887, P. L. 332, relating to husband and wife, for the reason that this suit was commenced before its…
2Cited by15 opinions
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