Martin v. Commonwealth
Martin v. Commonwealth
Opinion of the Court
Opinion op the Court by
Affirming.
“The defendant Polly Martin states that on the 15th day of March the said B. P. Martin did convey for a valuable consideration all the houses, lots and land described in the petition to this defendant. She says that the defendant by reason of his marriage with her on the 24th day of April, 1883, did receive from her on said date the sum $-, and at different times thereafter did receive from her various other sums of money and that the defendant B. P. Martin did on the-day of -, 18 — , agree and promise to convey to her the real estate mentioned in the petition in consideration of the above facts, and the defendant B. P. Martin in pursuance of said agreement did on the 15th day of March, 1910, convey and transfer same to her.”
In an amended answer she alleged that the money received from her by’her husband was invested in the lots subsequently conveyed to her, and at the time of the investment represented the full value of the lots.
A general demurrer was sustained to the answer as amended, and she being unable to amplify her defense by further amendment, the court rendered judgment subjecting the lots to sale to pay the obligation sued on. She appeals.
Construing her pleadings even most favorably to her, which is more than the rule allows, it is developed that her husband reduced her general estate to Ms possession prior to the married woman’s act of 1894; that he subsequently invested the money in the lots in controversy, and that he ■ thereafter agreed in consideration of the money previously received and reduced, to convey her the lots, but that he did not attempt to comply with the alleged agreement until the sheriff was threatening to
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.