Mills v. Ritter
Supreme Court of Pennsylvania
Appeal, No. 425, Jan. T., 1898, by plaintiff, from judgment of C. P. Cumberland Co., Nov. T., 1898, No. 100, on case stated in suit of George Edward Mills, Assignee of C. D. Cameron, v. Ella N. Ritter. Case stated to determine liability on a note. The ease stated was as follows: On February 21, 1898, C. D. Cameron executed a deed of voluntary assignment for the benefit of his creditors, to George Edward Mills, the deed being recorded the same day.
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Appeal, No. 425, Jan. T., 1898, by plaintiff, from judgment of C. P. Cumberland Co., Nov. T., 1898, No. 100, on case stated in suit of George Edward Mills, Assignee of C. D. Cameron, v. Ella N. Ritter. Case stated to determine liability on a note. The ease stated was as follows: On February 21, 1898, C. D. Cameron executed a deed of voluntary assignment for the benefit of his creditors, to George Edward Mills, the deed being recorded the same day. The said deed conveyed to the said assignee all of the real estate of the said O. D. Cameron, consisting,_ inter alia, of a house and lot situated…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The single question raised on this appeal is, does a sale by an assignee of the assignor’s real estate, under an order of court, awarded in pursuance of the Act of February 17,1876, P. L. 4, pass a title free from the incipient or contingent dower of the assignor’s wife, if she did not join in the deed of assignment ?
As a reason why this right of the wife passes under a sale so made, it is urged that the sale is a judicial one and divests everything except the liens preserved by the act. Such a sale is undoubtedly judicial. The very terms of the act make it' such,…
2Cases cited4 opinions
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- Assigned Estate of MyersSupreme Court of Pennsylvania · 1899
- Helfrich v. ObermyerSupreme Court of Pennsylvania · 1850
- Lazear v. PorterSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- Shupe v. RaineySupreme Court of Pennsylvania · 1917
- McFadden v. McFaddenSuperior Court of Pennsylvania · 1907
- McFarlin v. LehderSuperior Court of Pennsylvania · 1901