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29 Pa. 385

Richards v. McClelland

Supreme Court of Pennsylvania

Decided July 1, 1857

Supreme Court of Pennsylvania · decided 1857-07-01

This was an action of ejectment, brought by Andrew McClelland and Mary McClelland his wife, against Stephen Richards and Thomas Stentz, to recover about 8 acres of land, adjoining the town of Smithfield, in George township, Fayette county. The property in controversy in this suit was devised to Mary McClelland, by her father Robert Brownfield, by his will dated 30th January, 1815, which will was admitted to probate, March 15th, 1815.

Cited by 2 later decisions — most recently June 1950

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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¶1The opinion of the court was delivered by

KnoX, J.

¶2Under the authority of several Pennsylvania cases, particularly that of Rees v. Waters, 9 Watts 90, and that of Thorndell v. Morrison, 1 Casey 326, the Court of Common Pleas rightly excluded the testimony embraced in the defendants’ offer.

¶3The separate deed of a married woman purporting to convey real estate belonging to her in her own right is void, whether against her, or her husband, even although a full consideration has been paid to her for the estate conveyed.

¶4That the husband has deserted the wife without providing for her support, and that the proceeds of the sale were necessary to and used for her maintenance, cannot make good her separate deed, or prevent the husband from asserting, his right to the possession of the real estate as against the purchaser.

¶5These questions are fully discussed in the cases referred to, and the conclusions arrived at justify the action of the court below.

¶6Judgment affirmed.

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