Hofecker v. Pfeil

Supreme Court of Pennsylvania October 23, 1899

Hofecker v. Pfeil, 193 Pa. 288 (Pa. 1899)

44 A. 421; 1899 Pa. LEXIS 1117

Fell, Geeen, McCollum, Mitchell, Steeeett

Opinion of the Court

Per Curiam,

There appears to be no error in this record, of which the defendant has any just reason to complain. The decree was fully warranted by the facts correctly found by the learned referee and approved by the court. All that can be profitably said in relation to the questions involved will be found in the clear and satisfactory opinion of the learned president of the common pleas. On that opinion, the decree is affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name: Frederick Hofecker v. Fannie Pfeil
Status: Published
Syllabus: Deed—Misrepresentation—Equity—Gancelation of deecb—Rights of third persons—Husband and wife. A court of equity will decree the cancelation of a deed where it appears that before the deed was executed the vendee procured a list of judgments against the vendor and the vendor in response to an inquiry said there were no other liens against the property than those on the list, although he knew of the existence of another judgment against a prior owner which was a lien upon the property; and the vendor’s wife, who knows of such representations, though not of the lien, is not such a stranger to the transaction that the deed cannot be set aside as against her, she having immediately after the execution of the deed entered judgment against her husband on a judgment note which she had held for two years.