Pusic v. Salak
Pusic v. Salak
Opinion of the Court
Opinion by
This is a bill in equity to secure the cancellation of an alleged fraudulent deed and for other relief connected therewith. The defendants are plaintiff’s daughter and her husband and also plaintiff’s wife. The case was
Plaintiff came to this country from Russia over thirty years ago, and shortly thereafter married his present wife, Mary Pusic. They located at McKees Rocks, near Pittsburgh, where he engaged in the grocery and meat business and accumulated some property. He cannot speak English or read or write in any language. In 1907 he bought and paid for a block of four lots on Gardner street in said borough, intending to have the deed therefor made to himself and wife jointly; but the wife, who could speak English and acted for him in the purchase, fraudulently had the deed made to herself as sole owner, and it was so recorded. • Mr. Pusic, in ignorance thereof, erected upon the lots a large three-story brick apartment house containing forty-two rooms, the income from which amounts to about eighteen hundred dollars per year. They owned another. property where they lived on Washington street. About the end of 1913, Mr. Pusic’s store was destroyed by fire, and in January, 1914, through the pérsuasion of an agent, he bought in the name of his wife a saloon in New York City for five, thousand dollars, and embarked in that business. He. made various payments on the saloon property, amounting in all to about three thousand dollars, but it proved unprofitable and he lost what he had paid thereon and returned to McKees Rocks in October of the same year. Meantime in April, 1914, his wife and daughter, Mrs. Salak, went to an attorney in Pittsburgh and had a warranty deed prepared conveying the apartment house property from Mr; and Mrs. Pusic to Mrs. Salak. The property was worth approximately ten thousand dollars and there was a mortgage upon it amounting to ajbout
There were two mortgages against the Washington street'property, and about the time of securing this deed Mrs. Salak went to the attorney representing these mortgages and requested him to foreclose the same, ostensibly to protect her parents, and she advanced the attorney $250 to cover costs and fees. Proceedings to that effect
Fraud must be established by clear and satisfactory evidence, as it is never presumed. It' may be proven, however, by direct or circumstantial evidence or by a combination of both. See Jones v. Lewis, 148 Pa. 234. Want of consideration for a conveyance does not prove fraud, but it is a circumstance to be considered upon that question in connection with other evidence, as is also glaring improvidence. See Bierer’s App., 92 Pa. 265; Davidson v. Little, 22 Pa. 245. A grantor is presumed to know the contents of a.deed executed by him, even when written in a language Avhich he is unable to read or understand; yet that circumstance may be considered .as lending . probability to evidence of actual fraud and deception. It would be less difficult to deceive such a man, especially Avhere as in this, case the paper was presented to' him by his wife in whom he reposed confidence. See Monroe v. Monroe, 93 Pa. 520; Fischer’s Est., 189 Pa. 179; Levick v. Brotherline, 74 Pa. 149. The officer’s certificate is prima, facie evidence of the due execution of the deed, but may be rebutted, especially where as here there aré
The assignments of error are overruled and the decree is affirmed at the costs of appellants.
Reference
- Cited By
- 23 cases
- Status
- Published
- Syllabus
- Equity — Deeds—Fraud — Cancellation — Illiterate foreigner — Misrepresentation as'to property conveyed — Absence of consideration — Evidence—A chnowledgment of deed — Presumption — Rebuttal — Findings of fact — Appeal. 1. Fraud is never presumed and must be established by clear and satisfactory evidence, either direct or circumstantial, or a combination of both. The witnesses must be credible and the facts distinctly remembered and accurately stated. 2. Want of consideration for a conveyance does not prove fraud, but it is a circumstance to be considered upon that question in connection with other evidence, as is also glaring improvidence. 3. Although a grantor is presumed to know the contents of a deed executed by him, even when written in a language which he is unable to read or understand, such circumstance may be considered as lending probability to evidence of actual fraud and deception. 4. A certificate of acknowledgment to a deed is prima facie evidence of the due execution of the deed, including knowledge of its contents, but is subject to rebuttal where fraud is alleged, especially where there are no intervening rights. 5. Parol evidence is competent to show fraud in the execution or acknowledgment of a deed. 6. Where an ignorant man is induced, by fraud and deception, to execute a deed which he is unable to read, under the representation, assurance and belief that it is an entirely different paper, equity has jurisdiction to decree the cancellation of the deed and restoration of the property. 7. In proceedings in equity for the cancellation of a deed, the question whether the evidence is true is one of fact, and, if true, the question whether it is sufficient is one of law. 8. The findings of fact in equity on sufficient evidence will not be disturbed except for manifest error. 9. On the hearing of a bill in equity to secure the cancellation of an alleged fraudulent deed it appeared that complainant was a foreigner who could not speak English or read or write in any language; that for a number of years he had been engaged in a grocery business in this State; that he bought and paid for certain real estate intending to have the deed made to himself and wife jointly, that the wife, who spoke English and acted for him in the purchase, fraudulently procured the deed to be made to herself as sole owner; and that later complainant erected a large apartment bouse on the site. Subsequently complainant desired to effect the sale of an unprofitable saloon property in another state’ and went there for that purpose. His wife handed him a deed conveying the apartment house to the daughter, representing it to be a deed of the saloon property. Complainant executed and acknowledged such deed in the other state and it 'was later recorded here. He did not discover the deception until his return to this State. The deed of the apartment house to the daughter recited a valuable and substantial consideration, although the daughter and her husband were without means to make such payment. Complainant’s wife, who was made a party defendant, admitted, in her answer and by her testimony, the truth of the averments of the bill. Held, (1) the presumption of due execution of the deed and knowledge of its contents arising from the certificate of acknowledgment was sufficiently rebutted by proof of fraud, (2) the chancellor’s finding that the deed was without’ consideration was amply supported by the evidence, and (8) the relief prayed for was properly granted. 10. In such case relief would not have been awarded on the testimony of the complainant’s wife alone, in view of her deceptive conduct, had it not been for the strength of the corroborating evidence.