Jenkins v. Courtright

Citations

• 39 Pa. Super. 232
• 1909 Pa. Super. LEXIS 468

Syllabus

<p>Husband and wife — Judgment—Confession of judgment — Fraud— Amount justly due wife.</p> <p>1. If a husband fraudulently confesses a judgment to his wife for more than is justly due her, but she honestly supposes he owes her the amount of the judgment, she may collect the amount justly due her on the judgment.</p> <p>2. On an interpleader between a wife and an execution creditor of the defendant in the execution, the law will not presume the existence of a separate estate in the wife, but she must prove her title by evidence which does not admit of a reasonable doubt.</p>