Appeal, No. 56, March T., 1951, from decree of Court of Common Pleas of Westmoreland County, in Equity, No. 2405, in case of Veronica Pregrad v. Anton Pregrad, Jr. Decree affirmed.
Carroll Caruthers, with him William F. Caruthers, for appellant.
Edward B. Doran, for appellee.
Before Drew, C.j., Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE BELL
Plaintiff brought a bill in equity against her divorced husband seeking (a) to have a deed of real estate
from defendant and herself to defendant cancelled and (b) to have the defendant declared a trustee of her (alleged) interest in said land on the ground that she was under the domination or control of her husband and received no consideration for the conveyance. The consideration recited in the deed was One Dollar ($1.00) and other good and valuable considerations.
The chancellor found that the deed was the free and clearly understood act of the plaintiff and that she received a fair settlement for all her property rights. From a decree dismissing the bill, plaintiff has taken this appeal.
We shall briefly summarize the important facts found, upon adequate evidence by the chancellor.
Plaintiff and defendant, prior to the above-mentioned deed (dated April 11, 1949), had a joint bank account amounting to $7,672.31. Plaintiff admitted she withdrew from this account $7,475.00 between June 23 and November 29, 1947, but alleged that she used $3,975.00 of said amount with her husband's knowledge and consent and that she put the balance of $3,500.00 in a joint bank account. The chancellor obviously did not believe the plaintiff for he found that plaintiff was guilty of considerable misconduct with another man and surreptitiously withdrew large sums of money from their joint account and took a large part of it with her on an escapade, which she refused to account for or to explain satisfactorily.
Plaintiff and defendant, after considerable quarreling, agreed on a settlement of their property rights (and the support of their children). Under the terms of this settlement, plaintiff agreed to convey her interest in the aforesaid real estate and to leave the premises, in return for ...