Barkley v. Adams
Barkley v. Adams
Opinion of the Court
When Mrs. Barkley appealed to this Court before, from the
We treated her as the owner of the land, although the acceptance was in the name of her husband, and held that she was bound by the recognizance given to secure the owelty. This was an adjudication that the land was hers with the same effect as if she had accepted the purpart herself, and executed the recognizance in her own name. That being so her entire interest in the land of the intestate passed by the sheriff’s sale under the recognizance, as we decided in Snively’s Estate, 129 Pa. 250. By consequence she has no interest to support her claim of title in the present action of ejectment. The case was rightly decided by the learned court below.
Judgment affirmed.
Reference
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- Published
- Syllabus
- Partition — Husband and wife — Recognizances—Ejectment. Where a husband with the consent of his wife institutes partition proceedings in his own name on behalf of his wife, and a purpart is awarded to him instead of to her, the wife is bound by a sheriff’s sale of the purpart under the recognizance entered by the husband for owelty.