Mitchell v. Phillips

Citations

• 236 Pa. 311
• 84 A. 771
• 1912 Pa. LEXIS 751

Syllabus

<p>Ejectment — Husband and wife — Conveyance by husband and wife.</p> <p>In an action of ejectment where the plaintiff claims under a deed from her husband, and the defendant under a sheriff’s sale on an execution against the husband, the case is for the jury and a verdict and judgment for the plaintiff will be sustained, where there is evidence that at the time of the conveyance to the plaintiff by her husband, the latter was indebted to a co-partnership on an unsettled mutual account which the husband believed at the time was in his favor; that he retained enough personal property to meet such indebtedness if it should be decided that he wás liable; that he had no intention to defraud the firm which was his only creditor; and that his motive in making the conveyance was to provide for his wife generally and particularly against apprehended machinations of a brother who had made trouble for him in the past.</p>