Baxter v. Maxwell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of July Term 1886, No. 100. Trespass vi et armis, brought by E. A. Maxwell and Marlett Maxwell, her husband, in right of E. A. Maxwell, against Henry Baxter, sheriff of Tioga county, to recover damages sustained by her, by the sale of two horses, wagon, harness and blankets, alleged to belong to her, which the defendant seized, levied upon and sold, by virtue of a writ of fieri facias issued on a judgment against her…
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Error to the Court of Common Pleas of Lycoming county: Of July Term 1886, No. 100. Trespass vi et armis, brought by E. A. Maxwell and Marlett Maxwell, her husband, in right of E. A. Maxwell, against Henry Baxter, sheriff of Tioga county, to recover damages sustained by her, by the sale of two horses, wagon, harness and blankets, alleged to belong to her, which the defendant seized, levied upon and sold, by virtue of a writ of fieri facias issued on a judgment against her husband. The facts in the case as they appeared on the trial before Cummin, P. J., are as follows : Harry Baxter, sheriff…
1Opinion of the CourtChief Justice Mercur
The defendant in error by judicial decree, had procured all the rights and benefits conferred on a married woman by the Act of 3d April, 1872. These included the right of receiving and enjoying the product of her own labor, and the income and profits derived from her separate estate.
She had a right to emplo_y her husband to manage and superintend the business in which she engaged, and his creditors cannot seize in execution her property produced by his superintendence and labor, over and upon her separate property: Gibbs & Sterret Mfg. Co. v. Goe, 1 Pennypacker, 238; Seeds v. Kahler, 76 Pa.,…
2Cases cited1 opinion
- Seeds v. KahlerSupreme Court of Pennsylvania · 1874