Warder v. Davis

Decided July 1, 1860

Supreme Court of Pennsylvania · decided 1860-07-01

This was an action of debt by William Davis, Jr., against John H. Warder, on a bond given under the provisions of the Sheriff’s Interpleader Act of the 11th April 1848. At March Term 1857, a testatum fieri facias, at the suit of William Davis, Jr., against Zenas Bliss, was issued out of the court below, directed to the sheriff of Montgomery county; by virtue of which the sheriff levied upon certain goods and chattels in the possession of the defendant in the execution.

Decided 1860-07-01

¶1 *75The opinion of the court was delivered hy

Read, J.

¶2Under the rulings of this court, in Glyde v. Keister, 8 Casey 85, and Caldwell v. Walters, 6 Harris 79, Mrs. Bliss, being a married woman, could not legally have executed the bond to restore, under the sheriff’s interpleader act, and the court below were, therefore, right in talcing the bond signed by the security only. The same point was virtually decided by that court in Jacobs v. Wells (March 30th 1850), 1 Troubat Holy’s Practice 726.

¶3The 4th section of the Act of 11th April 1856 (Brightly’s Purdon 1192) was passed expressly to enable a married woman to execute a refunding bond upon the receipt of a legacy, or a distributive share, to which she may be entitled. The court committed no error in overruling the demurrer, or in admitting the bond in evidence.

¶4Judgment affirmed.