Zeok v. Mercantile Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 181, Oct. T., 1899, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 218, dismissing bill in equity. Bill in equity to cancel a deed. Before Frazer, J. Tlie facts sufficiently appear by the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
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Appeal, No. 181, Oct. T., 1899, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 218, dismissing bill in equity. Bill in equity to cancel a deed. Before Frazer, J. Tlie facts sufficiently appear by the opinion of the Supreme Court. Error assigned was decree dismissing the bill. The burden of proving affirmatively the validity of the deed to Menges is on the defendant, because the parties procuring this deed, Zeok and his attorney, stood in a confidential relation to the grantor, the wife of Zeok, as held in Miskey’s App., 107 Pa. 611, Hall v. Otter-son, 52 N. J. Eq.…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We are clearly of opinion that this case was properly disposed of by the learned court below. There is on this record an entire absence of the circumstances which in occasional instances- will induce equity to intervene and set aside executed conveyances of property in cases of this kind. In this case a wife executed a deed conveying certain real estate through a third person to her husband. Of the property conveyed she held title in her own name to one parcel of small value, about $300, and as to the other properties she and her husband held the title jointly…
2Cases cited2 opinions
- Rynd v. BakerSupreme Court of Pennsylvania · 1899
- Welsh v. Borough of Beaver FallsSupreme Court of Pennsylvania · 1898
3Cited by1 opinion
- Arnold's EstateSupreme Court of Pennsylvania · 1915