Poundstone v. Jones

Citations

• 182 Pa. 574
• 38 A. 714
• 1897 Pa. LEXIS 843

Syllabus

<p>Ejectment — Evidence—Htisband and wife — Fraud.</p> <p>In an action of ejectment by the sheriff’s vendee of land sold as the property of a deceased husband against the decedent’s wife, the wife testified that prior to her marriage her husband gave her a large sum of money, and that immediately after her marriage she loaned the money to her husband. No demand was made by her for repayment afterwards. She had no separate estate apart from this money. About eight years after the marriage the husband became insolvent and made an assignment for creditors. Prior to the assignment he conveyed a house to his brother-in-law, and no mention was made of this house in the deed of assignment. The evidence showed this conveyance was for the purpose of concealing the property from creditors. Three years after the assignment the husband directed that a deed should be made to his wife for the property. The wife contended that the conveyance was in payment of the loan which she had made to her husband. Held, that the entire evidence of all of the facts above stated was relevant and significant, as bearing upon the.bona tides of the wife’s title, and that it was all for the jury.</p> <p>In an action of ejectment against a wife by the sheriff’s vendee of land sold as the property of a deceased husband, where the wife claimed the property in controversy as having been purchased with her own money, the defendant requested the court to charge “ that the evidence in the case is not of that full, clear and rigid character necessary to sustain the defendant’s claim, and the verdict should be for the plaintiff.” The court answered the point as follows: “This is refused. The question is a question of fact to be determined by you.” Held, that the answer was erroneous, as the jury had a right to definite instructions upon the sufficiency of the evidence to justify its submission to them.</p>