74 Pa. Super. 82 | Pa. Super. Ct. | 1920
Opinion bt
A single question is raised by this appeal. It relates to the title of Mrs. Logan, the wife of the decedent, to a quantity of corn and oats on the farm where the decedent had been living for several years immediately prior to his death. The farm belonged to Mrs. Logan. She was the owner of it at the time of her marriage to Curtis E. Logan, who lived with her on the place. Mrs. Logan had a team of horses, some cows and other stock, and farming implements. Mr. Logan was somewhat disabled by a deformity of the feet, but was industrious and assisted in the work on the farm as far as he was able and managed that business. His
It is admitted that the appellant was the owner of the farm to which her husband came when they were married. This ownership carried with it the product of the soil. Until the owner parts with the title, his right to the crops is indisputable. This right is not affected by the fact that the husband worked on the farm and managed the business. He lived with his wife, was a member of the family, received the benefits of his labor in his maintenance from it and in the receipt of whatever share of the income his wife saw fit to bestow on him. The mere fact, however, that he contributed by his labor to the income of the farm gave him no title to its products: Rush v. Vought, 55 Pa. 437; Musser v. Gardner, 66 Pa. 242. Where it is asserted therefore that a husband tinder such circumstances is the owner of the crops, a
The decree is reversed at the cost of the appellees and the record is remitted to the court below with direction to enter a decree in accordance with this opinion.