160 Pa. 172 | Pa. | 1894
Opinion by
The appellants in this case claim possession of the land in dispute by virtue of their purchase of it at a sheriff’s sale upon a judgment against the appellee, and the latter rests his defence to the action on his wife’s title. It appears that the legal title to the land was in the appellee prior to 1891, when he conveyed it to his wife. He alleges that the land was purchased by his wife and that she paid for it from her separate estate, but that through the inadvertence of the grantors the deeds for it were made to him, and that neither he nor his wife discovered the mistake until sometime after the deeds were recorded. He also alleges that when the mistake came to their knowledge Ms wife urged him to have it corrected, and that for a long time he failed to do so, principally because he believed, and so assured her, that her right to the land was not affected by it. We are satisfied from our examination of the testimony submitted by the appellee in relation to these and other matters that the case was for the jury, and that the learned court below did not err in refusing to affirm the plaintiffs’ second, third and fourth points. The evidence if credited was sufficient to establish a resulting trust, and it showed a situation which prevented the five years’ limitation prescribed by the 6th section of the act of April 22, 1856, from running against the cestui que trust in favor of the trustee. The husband’s continued recognition of his wife’s title to the land rendered her posses
In the affirmance of the defendant’s points we discover no error. They were drawn with reference to the evidence in the case and based upon a finding of facts by the jury in accordance with his contention. If the facts were found to be as claimed by him, the legal conclusions deducible from them were correctly stated in the points. The appellants’ criticism of the points is ingenious and plausible, but without substantial merit. In their printed argument they admit that “ they had the notice which was read at the sheriff’s sale,” and certainly that was as distinct notice of the wife’s claim of equitable ownership as could well be given. It was to this notice that the language of the defendant’s first point plainly applied, as there was neither evidence nor claim that the appellants had received any other notice of the wife’s equitable title.
The learned counsel for the appellee suggests that a proper foundation was not laid for the introduction of evidence to contradict him. But the record shows that the appellants attempted to cross-examine him in relation to alleged acts and declarations inconsistent with his testimony, and that they were not permitted to do so. This attempt was plainly made with the view of obtaining from him an admission or denial of such acts and declarations. The proposed cross-examination was therefore pertinent and should have been allowed. .The offers to prove these matters by other persons were not objected to or rejected on the ground now suggested as a basis for their exclusion. It is plain enough that the appellants sought and were denied an opportunity to introduce these matters to discredit the appellee as a witness, and it is equally plain that they were not permitted to do so.
We are not satisfied that any error was committed in the rulings complained of in the 6th, 7th and 8th specifications.
In accordance with the foregoing views, we sustain the 1st, 2d, 3d, 4th and 5th specifications of error, and overrule the remaining specifications.
Judgment reversed and venire facias de novo awarded.