Mellinger's Administrator v. Bausman's Trustee
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lancaster county. This was a feigned issue, awarded by the court below, to try the validity of two judgments entered on the records of the Common Pleas, September 17th 1860, against Daniel Hess, in favour of Jacob Bausmair, for $7000, in trust for the sole and separate use of Barbara Hess, the wife of Daniel Hess, in which issue Jacob Bausman, trustee as aforesaid, was plaintiff, and David Mellinger, administrator of Jacob S. Mellinger, deceased,…
Read the full summary
ERROR to the Common Pleas of Lancaster county. This was a feigned issue, awarded by the court below, to try the validity of two judgments entered on the records of the Common Pleas, September 17th 1860, against Daniel Hess, in favour of Jacob Bausmair, for $7000, in trust for the sole and separate use of Barbara Hess, the wife of Daniel Hess, in which issue Jacob Bausman, trustee as aforesaid, was plaintiff, and David Mellinger, administrator of Jacob S. Mellinger, deceased, a creditor of Daniel Hess, was defendant. After proving the execution and delivery of the judgment-bonds, the marriage…
1Opinion of the Court
The opinion of the court was delivered,
by
SxROnu, J.
This was a feigned issue, directed to test the validity of two judgments given on the 9th day of April 1853, by Daniel Hess to a trustee for his wife. The consideration for the judgments was alleged to be the receipt by the husband of money which belonged to the wife, and which she had taken as a legatee and devisee under her father’s will. The death of her father occurred on the 14th day of December 1847, of course before the passage of what is known as the Married Women’s Act of April 11th 1848. From the executors of his will there was…
2Cases cited3 opinions
- Case of the accounts of SiterSupreme Court of Pennsylvania · 1834
- Dennison v. NighSupreme Court of Pennsylvania · 1833
- Robinson v. WoelpperSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Kittel's EstateSupreme Court of Pennsylvania · 1893
- Hottenstein's EstatePennsylvania Orphans' Court, Lehigh County · 1924