Bouslaugh v. Bouslaugh

• Decision Date: 28 June 1828
• Citation: 17 Serg. & Rawle 361
• Parties: BOUSLAUGH v. BOUSLAUGH.
• Court: Pennsylvania Supreme Court

17 Serg. & Rawle 361

BOUSLAUGH v. BOUSLAUGH.

Supreme Court of Pennsylvania.

June 28, 1828

IN ERROR.

If a husband, by deed of separation, without trustees, relinquish to his wife all his right in her land, reserving the payment of an annual sum, the land is not liable to the execution of a creditor of the husband, who obtains judgment after the husband and wife have been notoriously separated for nine years.

IN the Common Pleas of Huntingdon county, Jacob Bouslaugh, the defendant in error and plaintiff below, brought this ejectment for two hundred acres of land in Frankstown township, against Sebastian Bouslaugh and others, plaintiffs in error and defendants below.

The plaintiff below claimed by virtue of a sheriff's sale and deed to him, in August 1822, of a life-estate, sold under an execution issued on a judgment against Sebastian Bouslaugh for a debt of George Wisell, in the court of common pleas of Huntingdon county, on the 12th of March 1821.

The defendants gave in evidence a deed, dated the 29th of November 1793, from J. Rench to his daughter, Esther Bouslaugh, then wife of Sebastian Bouslaugh, conveying the land, in consideration of natural love and affection, to her during her natural life, and after her decease, to the heirs of her body, and their heirs and assigns for ever. Then, the defendants offered in evidence the following agreement between Sebastian Bouslaugh and Esther Bouslaugh, dated the 2d of December 1812, and recorded the 30th of March 1813, and testimony of David Johns, one of the subscribing witnesses thereto.

This indenture, made between Sebastian Bouslaugh, of the one part and Esther Bouslaugh, of the other part, both of the township of Frankstown, and county of Huntingdon, and state of Pennsylvania, witnesses, that whereas, some unhappy differences have lately arisen between the said Sebastian Bouslaugh and Esther, his wife, and they have mutually agreed to live separately and apart from each other; and previous to such separation, he, the said Sebastian Bouslaugh relinquished all claims to the estate that he has in right by being married to Esther Bouslaugh, both real and personal, reserving to himself one mare, one sorrel colt, one bell cow, his own bed and bedding, on the following condition, to wit: that the said Esther Bouslaugh pays unto the said Sebastian Bouslaugh, the sum of thirty dollars yearly, and every year, during his life, that is to say, thirty dollars on the first day of October ensuing the date hereof, and then on the first day of October during his life; and further, the said Esther Bouslaugh does agree to pay all the debts now contracted for, until this date, but no other. On the above conditions, the said Sebastian Bouslaugh now quits claim to the above estate that he has in right, both in law and equity, for ever, and for ever releases unto the said Esther Bouslaugh, to her own proper use, of these presents, and to and for no other use, intent or purpose whatsoever: Witness our hands and seals, this second day of December, A.D. 1812.

SEBASTIAN BOUSLAUGH. [Seal.]

ESTHER BOUSLAUGH. [Seal.]

LAZARUS LOWREY. )

DAVID JONES. ) Witnesses present.

ALEXANDER LOWREY. )

The facts which Johns was called to prove were, that Sebastian Bouslaugh called on Lazarus Lowrey and David Jones to go with him to his wife, to communicate to her proposals of separation, that at his request, they went and arranged and settled these articles as written, and that they signed the same as witnesses, and that Sebastian Bouslaugh...