80 Pa. 298 | Pa. | 1876
Judgment was entered in the Supreme Court,
This case has been so well developed, and so clearly stated by the distinguished master, the late Chief Justice Thompson, that nothing is left to be said upon the merits. The marriage settlement was clearly post-nuptial, and most probably was dictated by Mr. Hammett bimself. 'The second writing misrecited the first in important particulars. We think Mrs. Hammett was not bound by either.
We concur with the master that the Court of Common Pleas had jurisdiction of this bill. It involved no question of settlement and did not touch the estate of Mr. Hammett, except in its consequences, as the consequence may attend any other proceeding or action in the Common Pleas. Its purpose was merely to set aside an instrument unduly obtained, injurious to the rights of the party. It is true the cancellation of the paper affects the measure of dis
Decree affirmed, with costs to be paid out of the estate of B. Hammett, and appeal dismissed.