Bennethum v. Bowers
Supreme Court of Pennsylvania
Bennethum v. Bowers, 141 Pa. 105 (Pa. 1891)
21 A. 520; 1891 Pa. LEXIS 1045
Clark, Green, Lliams, Paxson, Sterrett
Bennethum v. Bowers
Opinion of the Court
We are unable to find error in the admission of the deeds referred to in the first and second assignments, or the record of the equity suit referred to in the third. The decree in the latter was in affirmance of the deed from Margaret Rightmyer to Catharine Bennethum. It was explanatory of that deed, and a part of the plaintiff’s title. With the death of Elizabeth Rightmyer and Margaret Bowers, the plaintiff was clearly entitled to recover. The case does not need elaboration.
Judgment affirmed.
Reference
- Full Case Name
- HENRY BENNETHUM v. LEVI W. BOWERS
- Status
- Published
- Syllabus
- (a) The plaintiff in ejectment put in evidence a deed, in his line of title, from “ Margaret Rightmyer, late Margax’et Bowers, divorced,” and the record of a proceeding in equity in which defendant was a plaintiff, wherein a final decree was entered, affirmed by the Supreme Court, establishing the validity of the same deed: 1. In such case, the fact of the divorce of the grantor having been raised and decided in the equity proceeding, both the deed and the record in affirmance o£ it were properly admitted, and by the latter the defendant was estopped from alleging that the divorce was obtained by fx-aud, and that the deed was therefore void.