261 Pa. 512 | Pa. | 1918
Opinion by
This is a bill in equity to secure the cancellation of an alleged fraudulent deed and for other relief connected therewith. The defendants are plaintiff’s daughter and her husband and also plaintiff’s wife. The case was
Plaintiff came to this country from Russia over thirty years ago, and shortly thereafter married his present wife, Mary Pusic. They located at McKees Rocks, near Pittsburgh, where he engaged in the grocery and meat business and accumulated some property. He cannot speak English or read or write in any language. In 1907 he bought and paid for a block of four lots on Gardner street in said borough, intending to have the deed therefor made to himself and wife jointly; but the wife, who could speak English and acted for him in the purchase, fraudulently had the deed made to herself as sole owner, and it was so recorded. • Mr. Pusic, in ignorance thereof, erected upon the lots a large three-story brick apartment house containing forty-two rooms, the income from which amounts to about eighteen hundred dollars per year. They owned another. property where they lived on Washington street. About the end of 1913, Mr. Pusic’s store was destroyed by fire, and in January, 1914, through the pérsuasion of an agent, he bought in the name of his wife a saloon in New York City for five, thousand dollars, and embarked in that business. He. made various payments on the saloon property, amounting in all to about three thousand dollars, but it proved unprofitable and he lost what he had paid thereon and returned to McKees Rocks in October of the same year. Meantime in April, 1914, his wife and daughter, Mrs. Salak, went to an attorney in Pittsburgh and had a warranty deed prepared conveying the apartment house property from Mr; and Mrs. Pusic to Mrs. Salak. The property was worth approximately ten thousand dollars and there was a mortgage upon it amounting to ajbout
There were two mortgages against the Washington street'property, and about the time of securing this deed Mrs. Salak went to the attorney representing these mortgages and requested him to foreclose the same, ostensibly to protect her parents, and she advanced the attorney $250 to cover costs and fees. Proceedings to that effect
Fraud must be established by clear and satisfactory evidence, as it is never presumed. It' may be proven, however, by direct or circumstantial evidence or by a combination of both. See Jones v. Lewis, 148 Pa. 234. Want of consideration for a conveyance does not prove fraud, but it is a circumstance to be considered upon that question in connection with other evidence, as is also glaring improvidence. See Bierer’s App., 92 Pa. 265; Davidson v. Little, 22 Pa. 245. A grantor is presumed to know the contents of a.deed executed by him, even when written in a language Avhich he is unable to read or understand; yet that circumstance may be considered .as lending . probability to evidence of actual fraud and deception. It would be less difficult to deceive such a man, especially Avhere as in this, case the paper was presented to' him by his wife in whom he reposed confidence. See Monroe v. Monroe, 93 Pa. 520; Fischer’s Est., 189 Pa. 179; Levick v. Brotherline, 74 Pa. 149. The officer’s certificate is prima, facie evidence of the due execution of the deed, but may be rebutted, especially where as here there aré
The assignments of error are overruled and the decree is affirmed at the costs of appellants.