Beihl v. Martin

Citations

• 236 Pa. 519
• 84 A. 953
• 1912 Pa. LEXIS 790

Syllabus

<p>Husband and wife — Estate by entireties — Banhrwptcy of husband — Judgments against husband — Liens — Alienations by husband and wife.</p> <p>1. Where a husband and wife hold an estate in land by entireties their joint .deed is sufficient to pass title in the land free from the effect of bankruptcy proceedings and judgments against the husband, and free from any contingent interest or ownership therein by the trustee in bankruptcy in the event of the bankrupt surviving his wife.</p> <p>2. While the expectant interest of husband and wife, where they hold by entireties, may be the subject of lien, and upon the death of either, the lien against the survivor may be enforced, this does not mean that there may be a severance in ownership in any other way than by the death of one or other of the parties, or by voluntary alienation by both. Fleek v. Zillhaver, 117 Pa. 213, distinguished.</p> <p>3. While the estate by entireties continues it is utterly impossible for either party without the other joining, to sell or assign his or her interest therein, even the expectancy of survivorship.</p>