Milner v. Milner

Kelley, J.,

Plaintiff, Josef Milner, sought in this suit to eject his wife, Lillian, from a house which he owns in his own right. He instituted his suit under the Act of June 8, 1893, P. L. 344, as amended March 27,1913, P. L. 14, 48 PS §111, which allows a husband to sue his wife in a proceeding to recover his separate property. Trial was had before the court without a jury, and the evidence adduced presented the following factual situation.

The parties were married in 1925. In 1927 they took up residence at 5212 Gainor Road, Philadelphia, the premises which are the subject matter of the…