McKendry v. McKendry

Citations

• 131 Pa. 24
• 18 A. 1078
• 1890 Pa. LEXIS 1079

Syllabus

<p>[To be reported:]</p> <p>1. Under the provisions of the act of April 11, 1848, P. L. 536, securing to married women the full use and enjoyment of their separate property, it may well be that a common law action by a wife against her husband to recover such property is not authorized.*</p> <p>2. But, independently of § 3, act of April 11, 1856, P. L. 315, authorizing such action in cases of desertion or divorce, the Court of Common Pleas, under § 13, par. Y., act of June 16, 1836, P. L. 790, has jurisdiction in equity to restrain a husband from unlawfully depriving his wife of the use and enjoyment of her separate estate.</p> <p>3. And if a husband, while his wife is living separate from him, has taken and retained possession of her real estate, not in pursuance of any arrangement with her, but against her will and consent, she may maintain against him an action of ejectment for its recovery, treating it as a substitute for a proceeding by bill in equity.</p> <p>4. In such action, the record of the conviction of a third person, in the Court of Quarter Sessions, upon an indictment charging adultery-with the ejectment plaintiff, is properly excluded; the plaintiff not having been a party to that proceeding, its recorA is'inadmissible to affect her in this.</p>