Hay v. Martin

Citations

• 2 Monag. 526
• 14 A. 333
• 1888 Pa. LEXIS 783

Syllabus

<p>Where land is purchased by a husband with his wife’s money belonging to her separate estate, given him for the purpose of buying the property for her, a resulting trust arises in her favor; and if, within five years, the husband executes a deed to the wife, such deed will operate as a declaration of trust, and take effect as a conveyance of the legal title to the wife, even as against judgment creditors of the husband, and although he was insolvent at the time of making the deed, and no new consideration passed.</p> <p>The declarations of the husband, immediately after the sale, that the purchase was for his wife, and was to be paid for with her money, were received upon the trial as a part of the res gestae. So, also, the husband was allowed to testify, that, a few days after the sale, when his wife heard of the sale, she approved of it and directed him to pay for it out of her money. This evidence was received under objection and exception, but the assignments of error failed to recite the evidence. The judgment was affirmed.</p>