Lloyd v. Woods
Supreme Court of Pennsylvania
Appeal, No. 179, July T., 1896, by defendant, from judgment of C. P. Cumberland Co., May T., 1895, No. 234, on verdict for plaintiff. Ejectment for a lot on East Main street in the borough of Mechanicsburg. Before Biddle, J. At the trial it appeared that the plaintiff claimed title under a deed of assignment for the benefit of creditors executed by Lafayette Woods.
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Appeal, No. 179, July T., 1896, by defendant, from judgment of C. P. Cumberland Co., May T., 1895, No. 234, on verdict for plaintiff. Ejectment for a lot on East Main street in the borough of Mechanicsburg. Before Biddle, J. At the trial it appeared that the plaintiff claimed title under a deed of assignment for the benefit of creditors executed by Lafayette Woods. Defendant is the wife of Lafayette Woods, and she claimed that $1,500 of the purchase money of the property was her money, and to that extent there was a resulting trust in her favor in the lot which stood in her husband’s name.…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We are clearly of opinion tliat the learned court below was in error in withdrawing this case from the jury. This was not done because there was an insufficiency of testimony to support the contention of the' defendant, but because of an erroneous view of the law relating to resulting trusts. This appears in the following extract from the charge which is assigned for error in the eleventh assignment, viz : “ The defendant has undertaken to show and probably has shown to your satisfaction, that $1,500 of said purchase money was furnished by her, and she contends…
2Cases cited2 opinions
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