Maguire v. Preferred Realty Co.

Citations

• 257 Pa. 48
• 101 A. 100
• 1917 Pa. LEXIS 682

Syllabus

<p>Deeds — Delivery—Failure to acltnowledge before notary — Validity — Fraud—Averments of fraud — Insufficient averments — Presumption■ — Ejectment—Demurrer.</p> <p>1. A- deed does not necessarily have to be acknowledged before a notary public to make it a valid instrument between parties. Execution and delivery are sufficient to pass the title.</p> <p>2. Where a statement of claim contains no particular averment of fraudulent purpose but the circumstances detailed are depended upon as showing such to be the ease, the facts relied upon must not only be fully and unequivocally averred, but they must point with some degree of certainty to the conclusion-contended for; in such case all intendments are to be taken most strongly against the pleader for he is presumed to have stated all the facts involved and to have done so as favorably to himself as his conscience would permit. Fraud is never to be presumed.</p> <p>3. Where a statement of claim in ejectment averred that plaintiff had conveyed the real estate in suit to defendant in consideration of an agreement by it to give plaintiff certain shares of stock, but that since such conveyance defendant had refused to deliver any of the stock to the plaintiff; and that the consideration for the conveyance had therefore failed; but where there were no allegations of fact indicating fraud when defendant secured the deed from the plaintiff, and where the statement did not charge the defendant with fraud in express terms, the lower court properly decided that ejectment was not the proper remedy, and a judgment for defendant on demurrer to the statement was affirmed on appeal but without prejudice to plaintiff’s right to assert her claim in some other proceeding.</p>