Schnurman v. Hillegas

Citations

• 276 Pa. 556
• 120 A. 549
• 1923 Pa. LEXIS 632

Syllabus

<p>Equity — Deed—0onfidential relation — Fraud—Evidence—Pleading — Ejectment—Joint possession — Parties.</p> <p>1. An action of ejectment will not lie between parties who are in joint possession of real estate.</p> <p>2. Where a plaintiff is in possession of real estate, a bill in equity is an appropriate remedy for seeking to set aside a deed for the property, alleged to have been procured by fraud, misrepresentation, duress or coercion.</p> <p>3. Where a deed is alleged to have been obtained from an elderly person by means of fraud, misrepresentation, duress or coercion, evidence is admissible which tends to prove that her mental condition was such she was unable to comprehend the document she signed, even though the bill does not explicitly aver the fact.</p> <p>4. Where it is alleged a deed was procured by fraud, it is not necessary to prove defendant admitted this fact, it is sufficient if the proof tends to establish it.</p> <p>5. Where it is agreed a deed does not specify the full consideration for a conveyance, the strong presumption that it expresses the whole agreement of the parties is overcome, and the same strictness of pleading and proof is not required as in eases where this fact is not admitted.</p> <p>6. Where it is proved or defendant admits that during a series of years he had been attending to the affairs of plaintiff, and that the consideration mentioned in the deed consisted partly of moneys advanced by him to her during this period, a relationship is established which, if properly pleaded, may call on him to satisfactorily explain the circumstances under which he then obtained a conveyance of her real estate.</p> <p>7. Where an alleged fraud is being investigated, great latitude is permitted in the admission of evidence.</p>