Williams v. Milligan

Citations

• 183 Pa. 386
• 38 A. 1015
• 1898 Pa. LEXIS 1058

Syllabus

<p>Husband mid wife — Evidence—Ejectment—Equitable defense.</p> <p>In an action of ejectment to recover land purchased at sheriff’s sale on a judgment against'the husband, in whom was the legal record title,.and where the wife of the defendant in the execution, who had a separate estate, is in possession of the property and claims it on the ground that she had furnished the purchase money under an agreement with her husband that the deed should be made to her, and also on the ground that her husband had subsequently made a deed of the property to her, which deed she had destroyed, and also that he had agreed to make another deed lo her, in consideration of money which she had furnished for improvements, the evidence to sustain the defendant’s contention must be clear and convincing, and if the judge, acting as a chancellor, is of the opinion that it is insufficient to prevail against the legal title, he should give binding instructions to the jury to find for the plaintiff.</p>