Wells v. Bunnell

Citations

• 160 Pa. 460
• 28 A. 851
• 1894 Pa. LEXIS 829

Syllabus

<p>Married women — Judgment—Sheriff's sale — Husband's interest in real estate — Fraudulent scheme to deprive husband of curtesy.</p> <p>A judgment confessed by a married woman without fraud, and representing an actual indebtedness, binds her estate; and a sheriff’s sale made upon such a judgment carries the title of the defendant to the purchaser, and extinguishes the interest, present and prospective, of the defendant’s husband.</p> <p>The law will lay its hands upon a fraudulent scheme to deprive the wife of her dower or the husband of his estate by the curtesy, and will open or stay proceedings upon a judgment confessed without a full bona fide consideration, to be used to carry such scheme into effect.</p> <p>Evidence — Husband and wife — Act of May 23, 1887.</p> <p>In an action of ejectment, against the husband, it seems that the wife cannot be called, as on cross-examination under the act of May 23, 1887, P. L. 158, on the allegation that she was the real plaintiff.</p>