17 A.2d 182 | Pa. | 1940
This is a proceeding by a divorced wife against her former husband to have real estate, title to which is in *294
him, impressed with a resulting trust in her favor as to a half interest therein on the allegation that she paid one-half the purchase price. A reading of the testimony, which is far from clear, leads to the conclusion that plaintiff failed in her proof of the trust, under the requirements of our cases that evidence to establish a resulting trust because of payment of purchase money must be clear, convincing and satisfactory:Crawford v. Thompson,
As the plaintiff failed to meet the requirements of the law to establish the trust, other questions raised by *295 her, — that the chancellor went outside of the record and examined the testimony which she had given in the divorce proceeding against her for evidence to affect her credibility, — and that the evidence of children, which was received, was not competent and not entitled to any weight, because of their youth, pass out of consideration.
Decree affirmed at appellant's cost.