Appeal, No. 27, Jan. T., 1959, from judgment of Court of Common Pleas of Chester County, March T., 1958, No. 2, in case of John Michael Bove, executor v. Mabel Blanche Bove. Judgment affirmed.
Robert S. Shaw, for appellant.
Lawrence E. MacElree, with him John O. Platt, Jr., and MacElree, Platt & Marrone, for appellee.
Before Jones, C.j., Musmanno, Jones, Cohen and McBRIDE, JJ.
OPINION BY MR. CHIEF JUSTICE JONES.
The plaintiff, John Michael Bove, executor of the will of Michael Bove, deceased, instituted this action
in ejectment against Mabel Blanche Bove to recover the title and right to possession of an undivided one-half interest in two certain tracts of real estate situated in the Borough of West Grove, Chester County. The defendant filed a preliminary objection, in the nature of a demurrer, alleging that the complaint failed to set forth a good cause of action and requesting that judgment be entered in favor of the defendant. After argument on the pleadings the court sustained the objection and, recognizing that the complaint was not capable of amendment sufficient to alter the legal effect of the indisputable facts, entered the judgment for defendant from which plaintiff has appealed.
The material facts as set forth in the complaint and in the abstract of title attached thereto as an exhibit may be summarized as follows:
Michael Bove, the decedent, took title individually to the first of the two tracts in question by deed dated August 21, 1925.
Sometime prior to January 22, 1926, Michael and Mabel Blanche Bove, the defendant, began living together as man and wife. During this relationship, which continued until Michael's death in 1957, Mabel bore him two sons. However, they were never legally married and, from the inception of their intimate relationship, Mabel was the lawful wife of one Frank B. Bender until the entry of a decree of divorce in her favor from Bender on October 20, 1948.
By deed of February 26, 1930, Michael, joined by the defendant as Blanche Mabel Bove, granted and conveyed the above mentioned tract for a nominal consideration to a straw man who, by his deed of the same date and for like nominal consideration granted and conveyed the property to Michael Bove and Blanche Mabel Bove [sic], the ...