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2 Monag. 526

Hay v. Martin

Supreme Court of Pennsylvania

Decided May 21, 1888

Supreme Court of Pennsylvania · decided 1888-05-21

Error, No. 216, Jan. T., 1888, to C. P. Somerset Co., to review a judgment on a verdict for plaintiffs, in an action of ejectment by James B. Martin and Mary A. Martin, his wife, in right of the wife, against Peter S. Hay, at Sept. T., 1885, No. 185. TRUNKEYand Clark, JJ., absent. The writ, issued July 3, 1885, claimed to recover the land in dispute. The defendant pleaded not guilty.

Cited by 2 later decisions — most recently July 1869

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-05-21

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Per Curiam,

¶1A thorough examination of this case satisfies us that it was well and carefully tried in the court below. The charge contains a full and complete exposition of the law relating to the resulting trust upon which the plaintiff depended for a verdict; the points were properly answered, and the facts clearly and impartially submitted to the jury, so that nothing is left for us but to affirm the judgment.

¶2The judgment is affirmed.

¶3The following should be added to the syllabi in the abo^e case:

¶4A deed may operate as a written acknowledgment of trust, within the terms of the Act of April 22, 1856, \ 6, although it contains no reference to the trust and names a consideration different from that upon which the trust is founded.

¶5The facts of this case did not operate as an estoppel to prevent the wife from asserting her title. w. m. s., jr.

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