Billington v. Sweeting

Citations

• 172 Pa. 161
• 33 A. 543
• 1896 Pa. LEXIS 758

Syllabus

<p>Judgment — Husband and wife — Fraudulenteonfessionof judgment — Evidence.</p> <p>A husband who is solvent may make a valid gift to his wife, but the fact of the gift and every element necessary to sustain the claim of the married woman as against her husband’s creditors, must be established by clear and satisfactory evidence: Appeal of Hart, Lee & Co., 157 Pa. 200; Wilson et al. v. Silkman, 97 Pa. 509.</p> <p>In a proceeding to determine the validity of a judgment confessed by a defendant in an execution to his wife, the defendant testified that at the time of his marriage he owned certain stock, which after his marriage he gave to his wife; that a few months later she returned it to him; that he sold it for the sum for which judgment was confessed, and used the money for twelve years in his business without accounting on his part or claim on the part of his wife. The only corroborative proof was the testimony of defendant’s wife and mother-in-law, who testified as to the fact of the gift. They did not testify that the stock was anything more than a paper purporting to be such stock; they did not testify to the alleged sale of it by him, nor to the price obtained for it. The auditor found that the defendant’s testimony was unworthy of credit. Held, that the testimony of the other two witnesses was insufficient to corroborate the defendant upon any question relating to the sale of the stock or the price obtained for it, and that it was insufficient to sustain the validity of the judgment.</p>