Crawford v. Thompson

Citations

• 142 Pa. 551
• 21 A. 994
• 1891 Pa. LEXIS 775

Syllabus

<p>(a) A wife received $2,500 from her father’s estate in 1842. In 1863, land was purchased for §6,300, under articles and a deed both made in the name of her husband, who died in 1884, still holding the legal title. Plaintiffs in ejectment, brought in 1887, claimed as heirs at law of the husband; defendant, under a resulting trust in the wife:</p> <p>1. In such ease, to establish a resulting trust in the wife, it should appear by clear proof that her money went into the land at the inception of her husband’s title; that the purchase was made by her or for her account, and that the placing of the title in her husband was in violation of an agreement that the deed was to be made to her.</p> <p>2. Proof of mere casual declarations of the husband, made after the purchase, that his wife’s money, received prior to the act of 1848, went into the land and that it belonged to her, were insufficient to disturb a record title of such long standing; whether the resulting trust alleged was barred by § 6, act of April 22, 1856, P. L. 533, not decided.</p>