Dumbach v. Bishop

Citations

• 183 Pa. 602
• 39 A. 38
• 1898 Pa. LEXIS 1083

Syllabus

<p>[Marked to be reported.]</p> <p>Trusts and trustees — Resulting trust — Husband and wife — Ejectment.</p> <p>In an action of ejectment to establish a resulting trust in favor of a wife as to real estate standing in the name of her husband, the testimony to establish the trust must in its entirety be sufficient to satisfy not only the jury, but also the court sitting as a chancellor reviewing the testimony; and if it is deficient as to the latter, it must be withdrawn from the jury.</p> <p>In an action by a wife to establish in her a resulting trust of property standing in the name of the husband, the evidence is sufficient to sustain the trust if it shows that the wife had received from other sources than her husband much more than enough of money to pay for the land, and that she actually paid for the land with this money.</p> <p>Evidence — Competency of witness — Party dead.</p> <p>In an action of ejectment by a wife to recover land standing in the name of her deceased husband, but which she claimed had been paid for with her money, the plaintiff is a competent witness to testify to a transaction which a witness for the defendant had described as occurring in the presence of witness, plaintiff and her husband.</p>