Holmes v. Tallada
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 139 January Term 1889, Sup. Ct.; court below, No. 504 September Term 1887, C. P. On July 27, 1887, John Holmes brought ejectment against Elizabeth Tallada and Jackson Tallada, her husband, to recover a parcel of land in Monroe township containing 50 acres. Issue. At the trial on November 20, 1888, Jackson Tallada, by leave of court, filed a disclaimer of title to the land in dispute.
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ERROR TO THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 139 January Term 1889, Sup. Ct.; court below, No. 504 September Term 1887, C. P. On July 27, 1887, John Holmes brought ejectment against Elizabeth Tallada and Jackson Tallada, her husband, to recover a parcel of land in Monroe township containing 50 acres. Issue. At the trial on November 20, 1888, Jackson Tallada, by leave of court, filed a disclaimer of title to the land in dispute. The plaintiff then introduced testimony which showed that Jackson Tallada was indebted to John Holmes, the plaintiff, evidenced by a judgment which on…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
It is not disputed that the money with which the defendant, Elizabeth Tallada, purchased the real estate in controversy, was given to her by her husband, Jackson Tallada, and that at the time of such gift he was indebted to the plaintiff. Jackson Tallada received a check of $1,642.60, for accrued pension, in April, 1885; he indorsed this check and gave it to bis wife, who drew the money and applied it to the purchase of the real estate in controversy, taking the title in her own name. The precise question raised by this record is whether said real estate is…
2Cases cited1 opinion
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