Moore v. Moore
Supreme Court of Pennsylvania
Appeal, No. 141, Oct. T., 1894, by defendant, from decree of C. P. No. 1, Allegheny Co., Oct. T., 1893, No. 270, on bill in equity. Bill in equity for an account. The case was referred to C. S. Fetterman, Esq., as master. From the master’s report and the record, it appeared that plaintiff and defendant were married Sept. 27, 1883. On Sept. 25, 1883, defendant took an option to purchase land in the Fourteenth ward in the city of Pittsburg.
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Appeal, No. 141, Oct. T., 1894, by defendant, from decree of C. P. No. 1, Allegheny Co., Oct. T., 1893, No. 270, on bill in equity. Bill in equity for an account. The case was referred to C. S. Fetterman, Esq., as master. From the master’s report and the record, it appeared that plaintiff and defendant were married Sept. 27, 1883. On Sept. 25, 1883, defendant took an option to purchase land in the Fourteenth ward in the city of Pittsburg. He had at first intended for business reasons to take title in the name of a friend, but after his marriage he directed that the deed should be made to his…
1Opinion of the Court
Opinion by
Mr. Justice'Mitchell,
The foundation of complainant’s case is her title to the land in the Fourteenth ward, which came to her from her husband, though by an intermediate conveyance. The question raised is not one of a trust, resulting or other, but of a gift, presumed from the conveyance, but depending on intention, and therefore subject to be rebutted by evidence. The facts are not in serious dispute. The appellant in September, 1883, being then unmarried but in contemplation of marriage to the complainant, purchased by articles of agreement the land in question. For prudential…
2Cited by3 opinions
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- Stuart v. StuartSupreme Court of Pennsylvania · 1897
- Miller v. Tice, Pennsylvania Court of Common Pleas, Northampton County1929