Gockley v. Miller

Citations

• 162 Pa. 271
• 29 A. 735
• 1894 Pa. LEXIS 975

Syllabus

<p>Married women — Capacity to contract — Act of June 3, 1887.</p> <p>The act of June 3, 1887, P. L. 332, worked a radical change in the contractual capacity of a married woman; it emancipated her from her common law disabilities and authorized her to contract as a feme sole.</p> <p>Instead of being strictly and narrowly exceptional, as it was under the act of 1848, her capacity to contract has practically become the general rule.</p> <p>Separate property — Sheriff's sale — Trespass.</p> <p>In an action of trespass by a married woman against a sheriff for damages for the sale, as the property of her husband, of two horses claimed by her, the evidence tended to prove that, at her request, the horses were purchased by her husband to supply the place of two horses owned by her in her own right, one of which had died, and the other she had sold; that tlie notes given by her husband, for the price of the horses, were subsequently paid by her to the holder thereof with money of her own separate estate. Held, that the case was for the jury.</p>