Pennsylvania Act 1921-59 — REAL ESTATE, SALE OF BY COURTS

Act text

REAL ESTATE, SALE OF BY COURTS
                   Act of Apr. 6, 1921, P.L. 99, No. 59               Cl. 68
                                  AN ACT

     Relating to the jurisdiction, powers, and procedure of the court
        of common pleas as to sale, mortgage, conveyance upon ground
        rent, and lease for years of real estate, where the legal
        title is held by a married person whose spouse is an habitual
        drunkard, and providing for the disposition of the proceeds
        thereof.

        Section 1.  Be it enacted, &c., That the courts of common
     pleas of the several counties of this Commonwealth, in all cases
     where the legal title to real estate is held by a married women
     or a married man whose spouse is an habitual drunkard duly so
     found by inquisition, shall have power to direct and authorize
     said married woman or married man to sell, mortgage, lease for
     years, and convey upon ground rent, the same or any part
     thereof, under the direction of said court of the proper county,
     whenever it shall appear to said court that said spouse is an
     habitual drunkard and that it is the interest of the owner of
     said real estate that the same should be sold, mortgaged, leased
     for years, or conveyed on ground rent, as the case may be:
     Provided, however, Where said spouse has no estate in his or her
     own right or one inadequate to his or her support, it shall be
     in the discretion of said court, by their order and decree, to
     make a reasonable provision for his or her support and
     maintenance out of said rents or proceeds of sale or mortgage so
     long as said spouse shall continue an habitual drunkard:
     Provided further, That such sale shall divest said real estate
     from any estate or claim of dower and estate as tenants by the
     curtesy or any claim in the nature thereof.
        Section 2.  All jurisdiction conferred by this act on the
     court of common pleas shall be exercised on the petition of the
     spouse holding legal title to said real estate, supported by
     oath or affirmation. Upon the presentation of such petition, the
     court shall fix a day for the hearing of which notice shall be
     given to the committee or next of kin of said habitual drunkard.
     If, upon such hearing, the court is satisfied that the facts
     sets forth in said petition are true, the prayer of the petition
     shall be granted, and the welfare of said habitual drunkard may
     be provided for in the discretion of the court as set forth in
     section one of this act, and the petitioning spouse shall be
     authorized and empowered to make, execute, and deliver a good
     and sufficient deed, mortgage, lease for years, or conveyance
     upon ground rent, as the case may be, for said real estate, to
     have the same force and effect as though the said petitioning
     spouse were unmarried: the lien of all debts of record against
     said land to be preserved.