107 Pa. 559 | Pa. | 1884
delivered the opinion of the Court, January 5th, 1885.
If is well settled law that when a wife has a separate estate, and buys property on the credit of that separate estate, she may hold it against the creditors of her husband : Silveus’s Ex’rs v. Porter, 24 P. F. S. 448; Seeds v. Kahler, 26 Id. 262; Sixbee v. Bowen, 10 Norris 149; Lochman v. Brobst, 6 Out. 481.
The Act of 11th April, 1848, declares the property of a married woman shall not be subject to levy and execution for the debts or liabilities of her husband. As therefore it is contrary to both law and equity to thus sell it, a court of equity will enjoin against the sale: Hunter’s Appeal, 4 Wright 196; Lyon’s Appeal, 11 P. F. S. 15.
The case is therefore within the jurisdiction of a court of equity. The sale, under the facts clearly proved, was contrary to law, and the continued threat of annoyance is prejudicial to the interests of the community and the rights of the appellee. Equity is part of the law of this state. The rules of equity are as binding as those of law: Hawthorn v. Bronson, 16 S. & R. 269. The appellee has no adequate remedy at law. She is in possession of the property. She cannot therefore bring ejectment. Twice has the appellant practically admitted that he has no claim to the land. His pretended claim has become a fraud upon the appellee, and should be extinguished: Story on Eq. Juris. §711; High on Injunctions § 872. The able report of the Master, affirmed by the court, fully sustains the decree.
Decree affirmed and appeal dismissed at the costs of the appellant.