Appeal, No. 215, April T., 1957, from order of Court of Common Pleas of Allegheny County, Oct. T., 1954, No. 2452, in case of Grover C. Williams v. Lucille Blanding and Ellen Bond. Decree affirmed.
James A. Danahey, with him J. I. Simon, for appellant.
Louis Vaira, for appellees
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 185 Pa. Super. Page 571]
This is an appeal from a decree of the Court of Common Pleas of Allegheny County sitting in equity in which the court refused to take off a non-suit entered by the chancellor, and ordered final judgment to be entered in favor of the defendants and against the plaintiff.
Grover C. Williams, the plaintiff herein, and his wife, Birdie Williams, from whom he was separated, had title to premises known as 1236 Brushton Avenue, Pittsburgh. For a number of years Grover and Anna Willis, with whom he had four children, were living in this house. In 1950 Grover and Birdie were divorced, and by deed of January 4, 1952, she conveyed her interest in the above premises to him.
A deed for the above premises, in which Lucille Blanding, one of the defendants, was named grantee,
[ 185 Pa. Super. Page 572]
was signed by the plaintiff. It was dated January 3, 1952, acknowledged by him April 16, 1952, and duly recorded in Allegheny County on April 18, 1952. It is this deed which the plaintiff is seeking to have set aside in this action.
In September 1952, the plaintiff married Lucille Blanding in Winchester, Virginia. He testified that he did not intend to marry her, that he was kidnapped, and that he never lived with her after the marriage. The record showed that he divorced Lucille April 20, 1954, and that he had testified in the divorce case that he had lived with her from September 11, 1952 until April of 1953. Nine days after he divorced Lucille, he married Anna Willis. Lucille then notified him to get out of her house.
Williams then filed the complaint in this case alleging that the deed in which Lucille Blanding was named grantee was given to Ellen Bond, the other defendant, who orally agreed to hold it until such time as he wanted it returned to him, that he demanded the return and that it was refused. He also alleged that Ellen Bond had obtained the deed by fraud, accident or mistake, and ...