Meyers v. Meyers
Superior Court of Pennsylvania
Appeal, No. 14, Jan. T., 1904, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1898, No. 665, on verdict for defendant in case of Sarah M. Myers v. Elizabeth Myers. Ejectment for land in the city of Wilkes-Barre. Before Wheaton, J. At the trial it appeared that the land in controversy was at one time the property of William C. Meyers, plaintiff’s husband.
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Appeal, No. 14, Jan. T., 1904, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1898, No. 665, on verdict for defendant in case of Sarah M. Myers v. Elizabeth Myers. Ejectment for land in the city of Wilkes-Barre. Before Wheaton, J. At the trial it appeared that the land in controversy was at one time the property of William C. Meyers, plaintiff’s husband. The evidence showed that Meyers had confessed judgment to his sister, and that the sister, who was the defendant, bought in the property at a sale under a judgment. Subsequently plaintiff recovered the judgment against her husband,…
1Opinion of the Court
Opinion by
Smith, J.,
When a party to a written instrument seeks to vary its terms by parol testimony on the ground that, by reason of fraud, accident or mistake, it does not contain the actual agreement of the parties, or that its execution was induced by a contemporaneous oral agreement of such a character that its enforcement would operate as a fraud on him, the evidence to support his allegations must be clear, precise and indubitable. But when one not a party to the instrument seeks to defeat its effect on some right claimed by him, on the ground that, through collusion between the…
2Cases cited8 opinions
- Montgomery Web Co. v. Dienelt, Pennsylvania Court of Common Pleas, Montgomery County1890
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Snayberger v. FahlSupreme Court of Pennsylvania · 1900
- Bentz v. RockeySupreme Court of Pennsylvania · 1872
- Bunn, Raiguel & Co. v. AhlSupreme Court of Pennsylvania · 1857
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