Trimmer v. Heagy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county. John Trimmer, the plaintiff in error, brought this action of ejectment against Lydia Heagy and Westley Heagy, for the undivided fourth part of a tract of land containing one hundred and eight acres, in Hamilton township, Adams county, and which was in the actual possession of the defendants.
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Error to the Court of Common Pleas of Adams county. John Trimmer, the plaintiff in error, brought this action of ejectment against Lydia Heagy and Westley Heagy, for the undivided fourth part of a tract of land containing one hundred and eight acres, in Hamilton township, Adams county, and which was in the actual possession of the defendants. Lydia Heagy, one of the defendants, was formerly the wife of Daniel Heagy, and held the land in dispute, in her own right, in fee; her husband being the owner of the undivided three-fourths of the tract. Daniel Heagy becoming insolvent, his interest in…
1Opinion of the Court
The opinion of the court, filed July 3, was delivered by
Sogers, J.
At the common law, a conveyance of her real estate by a married woman is void. A substitute however of a deed of conveyance, by fine, prevails in most of the States of the Union, and in this. By these acts, for the most part, the husband is wisely required to join with the wife in the conveyance, in order that his assent may appear on the face of the deed, and to show he was present to protect her from imposition. The weight of authority, as Chancellor Kent remarks, would seem to be in favor of the existence of a general rule…
2Cited by5 opinions
- Wicker v. DurrSupreme Court of Pennsylvania · 1909
- Buchanan v. CorsonSuperior Court of Pennsylvania · 1912
- Spencer v. ReeseSupreme Court of Pennsylvania · 1895
- Huffman v. HuffmanSupreme Court of Pennsylvania · 1888
- Holt v. KaaukaiHawaii Supreme Court · 1898