Hagy v. Poike

Citations

• 160 Pa. 522
• 28 A. 846
• 1894 Pa. LEXIS 841

Syllabus

<p>Execution — Issue on question of distribution — Dispute—Fraud—Evidence — Acts of June 16, 1836, and April 20, 1846.</p> <p>Under the acts of June 16, 1836, P. L. 777, and April 20, 1846, P. L. 411, regulating the granting of issues “ where there shall be disputes concerning the distribution of money ” arising from sales upon execution, an issue should not be granted on evidence so slight and insufficient that in ease a verdict should be rendered thereon in favor of the petitioner the trial judge would be bound to set it aside.</p> <p>In such a case testimony merely tending to prove circumstances of suspicion is insufficient. Alleged fraud must be established either by direct proof, or by clearly proved facts sufficient to warrant a presumption of its existence. It is not enough to charge fraud and prove, in support thereof, slight circumstances of suspicion only.</p>