Clark v. Seirer
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action of ejectment by Adam Seirer against Jacob Clark, to recover the possession of the tract of land mentioned in the following agreement: “Anieles of agreement made and concluded upon by and between Jacob Clark of East Pennsborongh township, in the county of Cumberland, of the one part, and Adam Seirer, of the township and county aforesaid, of the other part, witnesseth : That the said Jacob hath granted,…
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ERROR to the common pleas of Cumberland county. This was an action of ejectment by Adam Seirer against Jacob Clark, to recover the possession of the tract of land mentioned in the following agreement: “Anieles of agreement made and concluded upon by and between Jacob Clark of East Pennsborongh township, in the county of Cumberland, of the one part, and Adam Seirer, of the township and county aforesaid, of the other part, witnesseth : That the said Jacob hath granted, bargained and sold, and, by these presents, doth grant, bargain and sell unto the said Adam Seirer, all his right, title,…
1Opinion of the Court
*110The opinion of the Court was delivered by
Gibson, C. J.
It seems to be at last settled on principles of policy and humanity, that equity stirs not to enforce a contract which involves in it a wife’s volition in regard to her property; and it seems strange to us now, that courts of chancery should ever have hesitated about it. Contrary to the benign spirit of the common law, the avowed purpose of process of contempt against the husband, is to extort a conveyance from her affection or fear. It would be a mockery to tell her she is free to act at her pleasure, while the machinery of a court is put…
2Cases cited1 opinion
- Stoddart v. SmithSupreme Court of Pennsylvania · 1812
3Cited by14 opinions
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- Peoples' Savings Bank Co. v. ParisetteOhio Supreme Court · 1903
- Burk's AppealSupreme Court of Pennsylvania · 1874
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
- Riesz's AppealSupreme Court of Pennsylvania · 1873
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