Thompson v. Carmichael

Citations

• 122 Pa. 478
• 15 A. 867
• 1888 Pa. LEXIS 626

Syllabus

<p>(a) In 1854, land was conveyed in trust for the use of a married woman and her husband, for their lives, without liability for their debts, and at the death of the survivor for the use of the heirs of the body of the wife in fee.</p> <p>(b) In 1858, the eestuis que trust, being in possession, conveyed the land in an attempt to bar the supposed fee tail, and their grantee and those claiming under him held under such conveyance from the date thereof until 1885.</p> <p>1. In such case, the trust under the deed of .1854 being active, the legal title was in the trustee therein, and the estate created was barred, even as against the wife, by the adverse possession held under the deed of 1858 from the eestuis que trust.</p> <p>2. The wife, though under coverture, until 1883 and having then issue of her body living, could have enforced her estate through the trustee, and was therefore under no disability with the protection of § 1, act of April 22, 1856, P. L. 532.</p>