Mitchell v. Mitchell

Opinion by

Mr. Justice Patterson,

Appellée, husband, on March 7, 1935, filed a bill in equity against his wife, the appellant, to declare and enforce a resulting trust in real estate, title to which was in her. In due course, the bill was taken pro confesso for want of an answer and a final decree was entered in favor of appellee as prayed for.

On April 23,1937, more than two years after its entry, appellant filed a petition to open the decree. The petition was refused, and on appeal this Court held that under the circumstances of the ease, as fully set forth in the opinion reported at 333 Pa.…