Opinion
March 29, 1957.
April 22, 1957.
Husband and wife — Property — Tenancy by the entireties — Obligation of one spouse — Subjecting property to lien — Invalid order.
Property owned by a husband and wife as tenants by the entireties may not be subjected to a lien to pay an obligation of one spouse; a court of equity has no power to impose a lien of lis pendens in such a situation.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 46, March T., 1957, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1947, No. 2669, in case of Leo L. Paull v. Charles T. Paull et ux., and Liberty Ledger Publishing Company. Decree, as modified, affirmed.
Proceedings following remand of record by Supreme Court ( 384 Pa. 2), in action in equity.
Decree entered dismissing exceptions to adjudication and making decree nisi final, before MARSHALL, SMART and O'BRIEN, JJ., opinion by MARSHALL, J. Defendant appealed.
John Metz, with him Ralph C. Davis and Charles H. Bode, for appellant.
James A. Danahey, with him J. I. Simon, for appellee.
The provision in paragraph 3 of the decree appealed from, which imposes a lien of lis pendens on real estate owned by the defendant, Charles T. Paull, and his wife by the entireties to secure the payments ordered by paragraphs 1 and 2 of the decree to be made by Charles T. Paull, individually, to Leo L. Paull, plaintiff, was beyond the power of the court below to decree. Accordingly, paragraph 3 of the decree is hereby declared to be invalid and of no effect.
As so modified, the decree is affirmed at the appellee's costs.