Barnes v. Black
Supreme Court of Pennsylvania
Appeal, No. 16, Oct. T., 1899, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1896, No. 42, on verdict for defendants. Ejectment for land in the city of Johnstown. Before Barker, P. J. At the trial it appeared that plaintiff claimed title under a deed dated November 18, 1894, from Charles Barnes, her husband, to herself. The consideration named in the deed was the sum of $5.00, and “ the further consideration of love and affection for my said wife.”
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Appeal, No. 16, Oct. T., 1899, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1896, No. 42, on verdict for defendants. Ejectment for land in the city of Johnstown. Before Barker, P. J. At the trial it appeared that plaintiff claimed title under a deed dated November 18, 1894, from Charles Barnes, her husband, to herself. The consideration named in the deed was the sum of $5.00, and “ the further consideration of love and affection for my said wife.” Plaintiff alleged that the real consideration was an antenuptial agreement in parol, and that her consent to marry was based upon a…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The main question in this appeal has been conclusively settled since the trial of the case by Flory v. Houck, 186 Pa. 263, where it was held that a deed of land from a husband to his wife, which is fraudulent as against creditors at the time it is made, cannot be sustained by relation back to an antenuptial agreement in parol. The differences in the facts between that case and this in regard to the lapse of time, etc., are not material to the principles of the decision. The cases based on the reliance of the wife on the husband’s representations, and her freedom…
2Cases cited3 opinions
- Buckley's AppealSupreme Court of Pennsylvania · 1865
- Flory v. HouckSupreme Court of Pennsylvania · 1898
- Martin v. RuttSupreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Jones v. WilliamsSupreme Court of Vermont · 1920
- Semenza v. AlfanoSupreme Court of Pennsylvania · 1971
- Semenza v. AlfanoSupreme Court of Pennsylvania · 1971