Byers v. Ferner
Supreme Court of Pennsylvania
Appeal, No. 166, Oct. T., 1906, by plaintiff, from judgment of C. P. Westmoreland Co., Aug. T., 1905, No. 422, on verdict for defendant in case of Harry K. Byers et al. v. C. R. Ferner, Executor of tbe Estate of Jacob Byers, deceased. Assumpsit to recover purchase money of two-fifths interest in land.
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Appeal, No. 166, Oct. T., 1906, by plaintiff, from judgment of C. P. Westmoreland Co., Aug. T., 1905, No. 422, on verdict for defendant in case of Harry K. Byers et al. v. C. R. Ferner, Executor of tbe Estate of Jacob Byers, deceased. Assumpsit to recover purchase money of two-fifths interest in land. Before Doty, P. J. At the trial it appeared -that the suit was brought by the heirs of Elizabeth Byers, deceased, against the executor of her deceased husband, Jacob Byers, to recover the purchase money of land, which was alleged to have been bought by Jacob Byers in 1867, with the money of his…
1Opinion of the Court
Per Curiam,
The first assignment of error is to the charge of the judge below that to justify a verdict for the plaintiffs it would be necessary for the jury to find “ not simply that Elizabeth Byers had money or an estate in March, 1867, or not simply that she was the source from which the money was obtained, but that it was invested in some way under an understanding or agreement between the husband and wife, or with the intent that the title was to he for her; that she was paying the purchase money with the intent that the property should enure to her, or that it was done with her knowlege…
2Cases cited3 opinions
- Bigley v. JonesSupreme Court of Pennsylvania · 1886
- Cornman's EstateSupreme Court of Pennsylvania · 1900
- Crawford v. Thompson, Pennsylvania Court of Common Pleas, Fayette County1891
3Cited by5 opinions
- Majors v. MajorsSupreme Court of Pennsylvania · 1944
- Bridgeford v. Groh Et Ux.Superior Court of Pennsylvania · 1931
- Hare v. O'BrienSupreme Court of Pennsylvania · 1915
- Bendean v. MoodyAppellate Division of the Supreme Court of the State of New York · 1938
- Rehm v. Rehm, Pennsylvania Court of Common Pleas, Philadelphia County1938