Ulp v. Campbell

Supreme Court of Pennsylvania
Ulp v. Campbell, 19 Pa. 361 (Pa. 1852)

Ulp v. Campbell

Opinion of the Court

Per Curiam.

A married woman was offered as a witness. It was not denied that she had an interest in the cause, but the defendant in error showed a release which' she had executed without being joined by her husband, and contended that since the Act of 1848 a feme covert may make a conveyance or release of her estate in lands by a separate deed. This question arose in Peck v. Ward, 6 Harris 506. It was held that a married woman’s estate can only be conveyed according to the Act of 1770; that the Act of 1848 makes no change in the mode of alienation, though it does in the nature of a wife’s estate, and *363that a deed not executed by the husband, as well as the wife, gives no title to the grantee. The release in this ease was therefore void and of no effect; the interest of the witness was not taken away by it, and she ought to have been rejected.

Judgment reversed and venire de novo awarded.

Reference

Full Case Name
Ulp versus Campbell
Cited By
1 case
Status
Published