Opinion
May 24, 1955.
June 27, 1955.
Married women — Powers — Conveyance of real estate — Conveyance to husband — Act June 3, 1911, P. L. 631.
1. Under the Act of June 3, 1911, P. L. 631 (which provides "that it shall be lawful for a married woman to make conveyances of real estate to her husband as if she were a feme sole"), a married woman has power to convey real estate to her husband by a deed in which he does not join.
Property — Title — Good marketable and legal title.
2. It was Held, in the circumstances, that the will of a predecessor in title devised a life interest in the real estate, rather than a fee, to a named beneficiary and the remainder in fee to one of the plaintiffs.
3. It was Held that where there was no color of outstanding title which might prove substantial, and there was no reasonable doubt either at law or in fact concerning the title, the mere possibility of some future litigation concerning it did not prevent the title from being good, marketable and legal.
Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeal, No. 2, May T., 1955, from judgment of Court of Common Pleas of Mifflin County, Aug. T., 1953, No. 194, in case of G. Clifford Rice et al. v. Arthur P. Shank. Judgment affirmed.
Same case in court below: 2 Pa. D. C.2d 430.
Assumpsit. Before LEHMAN, P. J.
Plaintiffs entered into a written agreement to sell certain real estate to defendant for $15,000, and to convey "a good, marketable and legal title." In this action to recover the balance of the purchase price defendant contended that (1) plaintiffs' title was defective in that (a) the deed of a predecessor in title dated January 10, 1929, to her husband (J. O. Yeager) was defective by reason of the failure of the husband to join in it, and (b) the will of J. O. Yeager devised a fee to Mabel McBride and not a life interest to her with remainder to one of the plaintiffs; and (2) the title was not good, marketable and legal. The court below rejected all of these contentions and entered judgment for plaintiffs on the pleadings. Defendant appealed.
Albert Houck, for appellant.
Harry L. Siegel, with him Stanley H. Siegel and Siegel Siegel, for appellees.
Judgment affirmed on the opinion of President Judge LEHMAN.