Jack v. Kintz

Citations

• 177 Pa. 571
• 35 A. 867
• 1896 Pa. LEXIS 1015

Syllabus

<p>Married woman — Contest with husband's creditors — Presumption—Burden of proof — Evidence—Acts of June 3, 1887, and June 8, 1893.</p> <p>The acts of June 3, 1887, P. L. 332, and June 8, 1893, P. L. 344, enlarge the capacity of a married woman to contract and to acquire and dispose of property, but they do not remove the burden which rests on her of proving title to the property she claims against her husband’s creditors; and where the conveyance to her is from her parents she must, in a contest with her husband’s creditors, prove that she paid for it with her own money, or that it was a gift to her.</p> <p>Evidence — Competency of witnesses — Act of April 22, 1887, sec. 5 — Husband and wife.</p> <p>In an action of ejectment it appeared that a married woman took a conveyance of the land from her parents and subsequently conveyed it to defendant by a deed in which her husband joined. Plaintiff claimed title under mesne conveyances from a purchaser at a sheriff’s sale at which the land had been sold as the property of the husband. It appeared that the person who had devised the property to the plaintiff’s vendor was dead. Held, (1) that there was nothing in the act of April 23, 1887, sec. 5, P. L. 332, which rendered the husband an incompetent witness to prove that the property had been paid for by his wife’s money.</p> <p>Husband and wife — Evidence—Ejectment.</p> <p>In an action of ejectment where the property is claimed by a sheriff’s vendee as the property of a husband, a deed from the husband and wife to the defendant is inadmissible unless accompanied with evidence that the property was bought with the wife’s money, there being actual notice to ' the vendee of the husband’s equity.</p>