Kincade v. Cunningham

Citations

• 1 Monag. 11
• 15 A. 905
• 1888 Pa. LEXIS 744

Syllabus

<p>■Where a judgment is given by a man to a woman in consideration of her promise to marry him and live with him, and she does marry and live with him, thereby losing her right to a pension, which was her former means of support, and husband and wife afterward separate and live apart, each alleging desertion, and the husband fails to contribute toward her support, the wife may issue execution upon the judgment against her husband and levy upon his real estate, against his protest, and without the intervention of a trustee.</p> <p>It seems that, as a general rule of law, an execution may be issued by a married woman, upon a judgment entered in her favor against her husband, without his consent, and without the intervention of a trustee.</p> <p>Not discussed, whether such proceedings are authorized by statute of June 11,1879, providing that a married woman may sue her husband, without the intervention of a trustee, when he deserts or separates himself from her, or neglects or refuses to support her; or by the Married Persons’Property Act of June 3,1887, providing that husband and wife shall have the same civil remedies, upon contracts in their own name and right, against all persons, for the protection and recovery of their separate property, as unmarried persons.</p>