244 Pa. 489 | Pa. | 1914
Opinion by
The plaintiff filed a bill against her husband alleging that certain real estate in his occupancy and possession was her sole and separate property; that, owing to ill-treatment on his part, she was compelled to leave the property in question, on October 14,1910, and to remain away thenceforth; that she did not attempt to retake possession for fear of personal violence at his hands; that she had demanded that he vacate, but he had refused to do so. The plaintiff prayed that the defendant be ordered to surrender possession to her, that he be enjoined from in any way interfering with her enjoyment of the property, and that he be decreed to pay a just compensation for use and occupation since October 14, 1910. The defendant filed an answer in which he averred that the property had been purchased solely with his own money; that he conveyed it to his wife for a mere nominal consideration “to secure its use as a home”; that she had left voluntarily and without cause; that he had not been guilty of any treatment that would justify her withdrawal; he further alleged, in detail, improper conduct and ill-treatment by the plaintiff, and prayed that the bill be dismissed. The case was heard on bill and answer, and a decree was entered that the defendant
Equity jurisdiction was not disputed in the court below and is not questioned here. • The chancellor found that this real estate had been conveyed by the defendant to the plaintiff in consideration of the fact that she had paid with her own funds a good part of the original cost of the property and in pursuance of an agreement that she should satisfy certain mortgages thereon out of her separate estate, which she did. He also found, however, “that at least a portion of the cost of the property was paid by Howard I. Ireland, and thousands of dollars of improvements thereon were paid by him, together with all but two years’ taxes and mortgage interest,” and that after the conveyance to the plaintiff the parties had “continued to live there as man and wife as an established home.” But in connection with this last fact, the chancellor found that the plaintiff “lived and resided there in sole and separate ownership thereof, the said defendant, Howard I. Ireland, residing therein as her husband,” further, “that no fraud was practiced by said Bertha D. Ireland upon said Howard I. Ireland in obtaining said conveyance,” and that “nothing was said or transpired at the time of said conveyance,......in derogation of the absolute fee-simple grant to her.” On these findings the court below' concluded that the plaintiff was the owner in fee of the premises, that “no trust of any kind was impressed upon the said property at the time of the conveyance thereof to the said Bertha D. Ireland,” and that she was entitled to the possession thereof free from any interference on the part of her husband.
We have read the evidence and are not convinced of an insufficiency of proofs to sustain the chancellor’s findings
Any money which the defendant put into the property before the conveyance to his wife, necessarily passed to her, and any subsequent expenditures must be presumed to have been made with the knowledge on his part that the property belonged to the plaintiff, and that, therefore, they might enure to her benefit; but the trial court, no doubt, had these latter items in mind when it refused to charge the defendant for use and occupation of the premises. In connection herewith, see the opinion in Ireland v. Ireland (No. 2), 244 Pa. 493.
The assignments of error are overruled and the decree is affirmed at the cost of the appellant.