Wylie v. Mansley

Citations

• 132 Pa. 65
• 18 A. 1092
• 1890 Pa. LEXIS 769

Syllabus

<p>1. Where the defendant, in an action of ejectment, sets up title in himself under a resulting trust, against a clear legal title in the plaintiff, the action is turned into a proceeding in equity, in which the trial judge becomes a chancellor and ttie jury are simply his advisers : Reno v. Moss, 120 Pa. 49.</p> <p>2. The burden is upon the defendant to present a case for equitable relief so clear and conscionable as to satisfy a chancellor: and if the judge be of the opinion that the evidence is insufficient to sustain a verdict in favor of the trust, it should not be submitted to the jury: Hess v. Calender. 120 Pa. 138.</p> <p>3. Casual declarations by the holder of the legal title, made after its acquisition, that her husband, the defendant’s intestate ancestor, furnished the purchase money and was the real owner of the property, are insufficient to support a resulting trust against the legal title of the plaintiff.</p> <p>4. An assignment of error, which re] ates to the admission of testimony but does not embody in it either the offer, the objection, or the ruling of the court below, is not in conformity with the Rules of Court (Rule XXIV.), and will be dismissed without consideration, for that reason.</p>