182 Pa. 587 | Pa. | 1897
Opinion by
This case was so well tried in the court below that but a single complaint is made against the rulings made by the learned judge at the trial. The action was in form an issue framed under the sheriff’s interpleader act. The property seized by the sheriff consisted of farm crops grown upon a farm in the possession of the defendant in the execution. Hannah W. Eavenson ivas his wife and claimed the crops as her own. She rested her claim of title to the crops upon the fact that the title to the farm on which they were grown was in her. The defendant alleged that her husband was the real owner of the farm, and in support of his position sought to inquire of the plaintiff whose the farm was, and whether she had a separate estate and had herself furnished the purchase-money. The learned judge excluded this evidence, holding that the production of her deed for the farm established conclusively her title to the crops grown upon it. The correctness of this ruling is the only question presented by this appeal. Had the question been raised betAveen Mrs. Eavenson and strangers the rule adopted by the learned judge would have been applicable.
It was raised by an execution creditor of her husband; her husband was in the apparent possession of the goods ; they were seized while so apparently in his possession. She set up an adverse OAvnership and alleged the possession of her husband to be that of her agent or employee. Under such circumstances it is incumbent upon the Avife “ to prove her title by evidence Avhich does not admit of a reasonable doubt: ” Gamber v. Gamber, 18 Pa. 363. Proof of her exclusive possession is not insisted upon as strongly as it once was, but proof of a separate estate and a valid purchase by her are insisted on in all the cases : Rhoads v. Gordon, 38 Pa. 277; Lochman v. Brobst, 102 Pa. 481; Adams v. Bleakley, 117 Pa. 283 ; Steckman v. Schell et al., 130 Pa. 1. If she has a separate estate and has made a bona fide purchase, the fact that her husband assented, and contributed part of the purchase-money, he being out of debt and free from any fraudulent purpose, will not defeat her title, nor justify the seizure of the crops by his creditors: Shuster v. Kaiser and wife, 111 Pa. 215; Phillips v. Hall et al., 160 Pa. 60. The latter of these cases is much relied on as justifying the ruling of the court below, but the title of the Avife was shown
The judgment is therefore reversed and a venire facias de novo awarded.