Milligan v. Phipps

Citations

• 153 Pa. 208
• 25 A. 1121
• 1893 Pa. LEXIS 1074

Syllabus

<p>[Marked to be reported.]</p> <p>Mechanic's lien — Married women — Record.</p> <p>Since the Married Persons Property Act of June 3, 1887, it is not necessary to aver in a mechanic’s lien filed against the property of a married woman that the owner is a married woman, and that the improvement is necessary for the preservation and enjoyment of her separate estate.</p> <p>It matters not, since the passage of the act of 1887, whether the erection of the building is necessary for the preservation and enjoyment of her separate estate. The act in question has made her the judge of its necessity. If we concede that it is not necessary, but on the contrary a foolish expenditure of money, it must be remembered that the act of assembly now permits her to do foolish things. It has emancipated her from the shackles of the common law, so far as her separate property is concerned, and permits her to stand alone, and exercise her own judgment: Per Paxson, C. J.</p>