Bush v. Genther

Supreme Court of Pennsylvania
Bush v. Genther, 174 Pa. 154 (Pa. 1896)
34 A. 520; 1896 Pa. LEXIS 862
Dean, Fell, McCollum, Mitchell, Williams

Bush v. Genther

Opinion of the Court

Per Curiam,

This case is by no means free from difficulty, but a careful examination of the evidence leads us to believe that substantial justice has been done by the verdict. The proceedings relating to the claim for exemption by Mrs. Bush, as widow, were admissible. Although the petition was not signed by her, the proceeding was by her authority and she accepted the money raised thereby. This was a fact to the benefit of wMch the defendant was. entitled. The recording of a deed is prima facie evidence of *165delivery to the grantee bnt it is not conclusive. It was competent for the defendant therefore to show such facts as would fairly lead the jury to conclude that the deeds to Mrs. Bush and Mrs. Logan were never delivered. The question was for the jury upon the evidence in this case. None of the assignments of error is sustained. The judgment is affirmed.

Reference

Full Case Name
Sidney J. Bush and Laura H., his wife, in right of said Laura H., and Charles H. Carr and Sarah, his wife, in right of said Sarah v. John Genther
Cited By
2 cases
Status
Published
Syllabus
Ejectment — Widow's exemption — Estoppel. Where a widow is instrumental in having her husband’s administrator sell the land in controversy as her husband’s property, and she claims and aocepts a portion of the proceeds as her widow’s exemption, she and her grantees will be estopped, in an action of ejectment, from asserting her own title and denying that of her husband. jDeed — Recording of deed — Delivery—Evidence. The recording of a deed is prima facie evidence of the delivery of the deed to the grantor, but it is not conclusive; and evidence tending to show that the deed was not actually delivered is admissible in an a