The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania, in the District Court And Court of Common Pleas for the City And County of Philadelphia, And in the Courts of the United States
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In our eReader you can find the full English version of the book. Read The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania, in the District Court And Court of Common Pleas for the City And County of Philadelphia, And in the Courts of the United States Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania, in the District Court And Court of Common Pleas for the City And County of Philadelphia, And in the Courts of the United States
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Davis, 7 Ibid. 264 ; Ashmead ». Dougherty ». Jack Ibid 456 \}^^^' L?''"i' ^^,t'-, 2"be ». Miller, 4 « Thompson o. McKean, 1 Ash. 129 : Ibid. 488. See Wilt v. Franklin, 1 Hood ». Fahnestock, 8 Watts 489.
ESTATE OP A MAKBIED WOMAN. 805 The proper and most effectual way in -which a creditor can defeat and frustrate covinous transfers of property, is to levy on and sell it, and then contest the right with the person claiming title.' And where a husband in fraud of his creditors conveyed his life es...tate in his wife's land, the creditors may levy on the growing crops as his property.^ Judgment-creditors of a trustee are not in the position of pur- chasers without notice, and cannot hold against the cestui que trust : the insolvency of the trustee at the creation of the trust does not disqualify him ; nor is that fact any evidence that the trust was but a cover to defraud his creditors.^ Estate of a married woman. — Since the Acts of 11th April 1848^ and 22d April 1850,° a creditor of a husband has no right to levy on the wife's real estate, and may be restrained by injunction ; but in order to warrant the interference of a court of equity, a clear title in the wife must be made out.° Where the wife claims against the sheriff's vendee of land which has been sold under an execution against her husband, if the property has been acquired since the marriage, she must establish by clear and full proof that she paid for it with her own separate funds — it is not enough that she had the means of paying.' And the mere possession of money by her is no evidence of her title to it for the purposes of the statute ; it ordinarily implies that she is holding it for her husband.* But the fact that he has joined with her in a mortgage to secure the purchase-money, will not give him any legal or equitable estate in the land.' Where the marriage took place before the Act of 1848, the estate of the husband became vested, and that act was not intended to divest it.'" And a creditor who had commenced suit against the husband prior to that act, might proceed under his judg- ment against the husband's estate in his wife's land, after the passage of the act.'' But by the Act of 22d April 1850, the husband's estate by curtesy in his wife's land, does not render such land subject to execution by his creditors during her life.'^ And now, no judgment obtained against the husband before or during the marriage will bind her real estate, or his curtesy therein.'^ ' Neel V.
What to read after The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania, in the District Court And Court of Common Pleas for the City And County of Philadelphia, And in the Courts of the United States?
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To quickly assess the difficulty of the text, read a short excerpt:
Davis, 7 Ibid. 264 ; Ashmead ». Dougherty ». Jack Ibid 456 \}^^^' L?''"i' ^^,t'-, 2"be ». Miller, 4 « Thompson o. McKean, 1 Ash. 129 : Ibid. 488. See Wilt v. Franklin, 1 Hood ». Fahnestock, 8 Watts 489.
ESTATE OP A MAKBIED WOMAN. 805 The proper and most effectual way in -which a creditor can defeat and frustrate covinous transfers of property, is to levy on and sell it, and then contest the right with the person claiming title.' And where a husband in fraud of his creditors conveyed his life es...tate in his wife's land, the creditors may levy on the growing crops as his property.^ Judgment-creditors of a trustee are not in the position of pur- chasers without notice, and cannot hold against the cestui que trust : the insolvency of the trustee at the creation of the trust does not disqualify him ; nor is that fact any evidence that the trust was but a cover to defraud his creditors.^ Estate of a married woman. — Since the Acts of 11th April 1848^ and 22d April 1850,° a creditor of a husband has no right to levy on the wife's real estate, and may be restrained by injunction ; but in order to warrant the interference of a court of equity, a clear title in the wife must be made out.° Where the wife claims against the sheriff's vendee of land which has been sold under an execution against her husband, if the property has been acquired since the marriage, she must establish by clear and full proof that she paid for it with her own separate funds — it is not enough that she had the means of paying.' And the mere possession of money by her is no evidence of her title to it for the purposes of the statute ; it ordinarily implies that she is holding it for her husband.* But the fact that he has joined with her in a mortgage to secure the purchase-money, will not give him any legal or equitable estate in the land.' Where the marriage took place before the Act of 1848, the estate of the husband became vested, and that act was not intended to divest it.'" And a creditor who had commenced suit against the husband prior to that act, might proceed under his judg- ment against the husband's estate in his wife's land, after the passage of the act.'' But by the Act of 22d April 1850, the husband's estate by curtesy in his wife's land, does not render such land subject to execution by his creditors during her life.'^ And now, no judgment obtained against the husband before or during the marriage will bind her real estate, or his curtesy therein.'^ ' Neel V.
What to read after The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania, in the District Court And Court of Common Pleas for the City And County of Philadelphia, And in the Courts of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Pennsylvania Supreme Court to read onlineMoreLess
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