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FITZPATRICK v. FITZPATRICK. (07/17/56)

July 17, 1956

FITZPATRICK, APPELLANT,
v.
FITZPATRICK.



Appeal, No. 68, Oct. T., 1956, from decree of Court of Common Pleas No. 6 of Philadelphia County, Sept. T., 1954, No. 8814, in case of William J. Fitzpatrick v. Marie E. Fitzpatrick. Decree reversed in part and affirmed in part.

COUNSEL

George O'Dougherty, for appellant.

H. Eugene Heine, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Gunther

[ 181 Pa. Super. Page 582]

OPINION BY GUNTHER, J.

William J. Fitzpatrick, husband plaintiff, filed a bill in equity to recover household goods which were removed from their home by Marie E. Fitzpatrick, wife defendant. The removal of the goods and their storage were carried out during the absence of the husband and without his consent.

To the bill, an answer was filed denying that the husband had any title to the goods removed and also a counter-claim seeking to recover certain articles personally belonging to her alone and which were still in the husband's possession. Except for certain personal gifts, all furniture and household equipment were owned by entireties and purchased by joint funds of the parties.

The trial in equity was held before Judge FLOOD. On July 20, 1955, the chancellor made an adjudication in a decree as follows:

"And now, this 20th day of July, 1955, it is hereby ordered and decreed:

[ 181 Pa. Super. Page 5831]

. That defendant deliver to plaintiff his 8" Craftsman table saw.

2. That plaintiff deliver to defendant her R.C.A. phonograph, electric toaster, barrel-type chair, pink vase, ...


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