Schive v. Fausold

Citations

• 137 Pa. 82
• 20 A. 403
• 1890 Pa. LEXIS 953

Syllabus

<p>(ia) An action of ejectment was brought in the right of a wife to recover land which had been sold at sheriff’s sale as the property of her husband, the plaintiff claiming that, though the legal title was in her husband at the time of the sale, it was held by him under a resulting trust for her, her separate estate having supplied the purchase money:</p> <p>1. A verdict and judgment in her favor for an undivided part of the land, was the equivalent of a verdict and judgment against her for the other parts; and, the action being upon an equitable title, to wit, the resulting trust alleged, it was a bar to a subsequent action of ejectment to recover the other undivided parts of the same land: Peterman v. Iiuling, 31 Pa. 432.</p>