Gleghorne v. Gleghorne

Citations

• 118 Pa. 383
• 11 A. 797
• 1888 Pa. LEXIS 402

Syllabus

<p>A bill in equity was filed by a wife against her husband to recover a sum of money expended by her to aid in the erection of a dwelling for their home upon real estate purchased by him. The answer averred that the money was given the respondent with no agreement, contract or understanding that it was to be repaid, returned or secured : Held,</p> <p>1. That the averment was responsive to the bill, and was within the rule that to overcome it there must be the testimony of two witnesses or of one witness and corroborative circumstances the equivalent of another.</p> <p>2. That when a wife’s money is received by the husband and appropriated by him at her request towards the building of a dwelling-house for a common home, without circumstances indicating the relation of debtor and creditor, the wife may not reclaim the money by a subsequent proceeding against the husband : Johnston v. Johnston, 31 Pa. 450, followed.</p> <p>3. Whether there is jurisdiction in equity of a bill filed by a wife to recover an alleged loan of her separate estate to her husband, not decided.</p>