33 Pa. Super. 547 | Pa. Super. Ct. | 1907
Opinion by
Mrs. Miller, one of the plaintiffs, alleges that she was induced to give the note and accept the sheriff’s deed referred to in the bill on the representation of the defendant that his judgment, on which the sheriff’s sale was had, was a lien on five acres of land belonging to her which had formerly belonged to one Marvin Sickler, the defendant in the execution on which the land was sold; that this representation was false and fraudulent, and that she is, therefore, entitled to a decree for the cancellation of the judgment entered on her note and to a decree directing her to reconvey to the defendant the title to the Sickler land for which she had received the sheriff’s deed. The plaintiffs’ case depends wholly on a question of fact, to wit: did the defendant fraudulently represent that his judgment was a lien on the land of Mrs. Miller, and was her acceptance of the sheriff’s deed and delivery of the note to the defendant brought about by such misrepresentation ? The only witnesses called to establish the material allegations of the bill were the plaintiffs. If the case were to be disposed of on their evidence alone a different conclusion would be reached from that arrived at by the trial judge. But there was a direct contradiction between them and the defendant, and the latter is strongly corroborated
The decree is affirmed.