Rine v. Hall

Citations

• 187 Pa. 264
• 40 A. 1088
• 1898 Pa. LEXIS 801

Syllabus

<p>Evidence, — Competency of witness — Party dead — Husband and wife — Act of May 23, 1887, sec. 5, clause e.</p> <p>A widower is a competent witness to testify that he was indebted to his wife’s estate; that a judgment which he had confessed to his wife’s administrator was for that indebtedness, and that it was fair and honest. The only interest which will disqualify a witness, under the Act of May 23, 1887, P. L. 158, sec. 5, clause e, is an interest adverse to the right of the decedent.</p> <p>Contract — Husband and wife — Working wife's farm on shares.</p> <p>There is no fraud or illegality in a contract between a husband and wife .by which the husband undertakes to work his wife’s farm on shares, and, as tenant, to account to her, as owner, for one half of the crops raised on the land.</p> <p>Husband and wife — Contract—Evidence.</p> <p>The rule which requires proof in support of a wife’s claim to be clear, convincing and indubitable applies to cases in which the title to specific property claimed is involved in doubt. When indebtedness only is alleged, it is sufficient if the proof be clear and satisfactory.</p> <p>Where a husband lives upon the real estate of his wife, or by her consent takes the income of her estate, and she makes no demand upon him for an account, and the money is spent in support of the family, the law presumes a gift of the income to the husband, and no liability on his part to account for it arises; but where the husband contracts with his wife to pay her the income or a part of it he becomes her debtor to that extent.</p> <p>A husband confessed judgment to ids wife’s administrator. In a proceeding by the husband’s creditors attacking the validity of the judgment, the husband testified that he had made a contract with his wife by which he was to work her farm on shares and account to her for one half, of the proceeds. He stated that he had never accounted to his wife or paid to her any of the proceeds of the farm. He testified as to the