Brown v. Bennett
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: No. 237, to January Term 1874. This was an action of ejectment, brought February 10th 1871, by Margaret D. Brown against Mary A. Bennett, for one-fourth of an acre of land in the borough of Pittston. A case was stated for the opinion of the court in substance as follows:— “ The plaintiff, a married woman, was the owner of about one-fourth of an acre of land in the borough of Pittston.
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Error to the Court of Common Pleas of Luzerne county: No. 237, to January Term 1874. This was an action of ejectment, brought February 10th 1871, by Margaret D. Brown against Mary A. Bennett, for one-fourth of an acre of land in the borough of Pittston. A case was stated for the opinion of the court in substance as follows:— “ The plaintiff, a married woman, was the owner of about one-fourth of an acre of land in the borough of Pittston. The deed to her is dated the 29th of July 1867, and is for the consideration of eight hundred dollars. On the 8th of August 1866, by writing under seal, to…
1Opinion of the Court
The opinion of the court was delivered, March 16th 1874, by
Sharswood, J.
That a married woman has no capacity to contract for the sale of her real estate, or to convey it, except in the precise statutory mode conferring the power, is one of the best settled doctrines of our law. See the cases cited in the opinion of the present Chief Justice in Glidden v. Strupler, 2 P. F. Smith 402. It was held in that case that she could not be affected either by legal or equitable estoppel, so as to preclude her heirs from setting up and recovering upon her title. But it was not decided in that case, or any…
2Cited by6 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
- Geiselbrecht v. GeiselbrechtSuperior Court of Pennsylvania · 1898
- Holden v. BanesSupreme Court of Pennsylvania · 1891
- Haines TrustSupreme Court of Pennsylvania · 1946
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