Hunt v. Koehler

Citations

• 236 Pa. 13
• 84 A. 583
• 1912 Pa. LEXIS 701

Syllabus

<p>Husband and wife — Disability of wife to sue husband — Mortgage — Remainder interest.</p> <p>Where a husband and wife join in executing a mortgage on a remainder interest in real estate owned by the wife, and after default and the institution of a foreclosure suit on the mortgage, the life tenant dies, and the executor of the estate makes distribution thereof, taking a receipt in full from the wife for her share, excepting the bond, which the executor is to retain for the purpose of litigating in the name of the estate, but at the expense, charges and costs of the wife the executor cannot maintain a suit on the bond against the husband and wife to impose a liability upon the husband, although the bond and mortgage may have been originally given for the latter’s benefit. Such a suit is in reality an action at law by the wife against the husband and is a mere device to circumvent the law which prohibits a wife from suing a husband.</p>