Mulley v. Shoemaker

Citations

• 180 Pa. 585
• 37 A. 94
• 1897 Pa. LEXIS 969

Syllabus

<p>Husband and wife — Married women — Fraud—Claim of title against husband's creditors — Ejectment.</p> <p>In an action of ejectment by a pui'chaser at sheriff’s sale, the wife of the defendant in the execution claimed that she had bought the property in controversy with money which she had borrowed from a relative. There was evidence that the husband had previously sold some real estate, and that some of the money which he had received for it had. been paid to the relative from whom the wife claimed that she had borrowed the money used by her in the purchase of the land in controversy. The court instructed the jury that the burden was upon her to show that the purchase was made with her own money, and that if she made the purchase with her own money exclusively she acquired thereby a title good against her husband and his creditors; that if her hands were clean, she was not responsible for her husband’s misdeeds, even though he may have sold his property for the purpose of hindering and delaying his creditors, but that if she connived or colluded with him in the purchase of the property by using any of the money which he received from his other land, the plaintiff was entitled to a verdict. Held, that a judgment and verdict for the wife should be sustained.</p>