Heiges v. Pifer

Citations

• 224 Pa. 628
• 73 A. 950
• 1909 Pa. LEXIS 855

Syllabus

<p>Husband and wife — Wife’s property — Proof of title — Evidence.</p> <p>1. A wife claiming property acquired during coverture against her husband’s creditors is required to substantiate her claim by proof sufficient to repel all adverse presumption. But the law does not require proof of such a character as to relieve from every doubt, but only proof that is clear and satisfactory. A mere doubt will not operate to defeat the wife's claim. She must, however, show that the property itself is her separate property by gift, descent or otherwise, or that the money which she put into the property was her own money, or obtained upon her own credit, and that it was not the property or money, or credit of her husband. This she must show by proof that is clear, full and satisfactory.</p> <p>2. In a contest between a wife claiming property as her own, which had been sold as her husband’s, the wife produced testimony of which there was no direct contradiction that she had written to her brother-in-law requesting a loan of money with which to buy the land; that in reply he had written to her inclosing his check to her order for the amount of purchase money required; that she had indorsed this check and delivered it to her vendor in payment at the time of the execution of the deed. Her letter of request, the reply thereto, and the check were produced, and it was shown beyond doubt that the check was used in payment. Held, that the testimony made out a case for the wife which was essentially for the jury.</p>