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STEWART v. HOOKS et al.

372 Pa. 542 (1953)

Stewart v. Hooks (et al., Appellant).

Supreme Court of Pennsylvania.

February 13, 1953.

Attorney(s) appearing for the Case

Perrin C. Hamilton, for appellant.

Abraham Wernick, with him Leonard B. Rosenthal, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, February 13, 1953:

Does a wife occupy such a confidential relation to her husband that equity will declare her a constructive trustee of land which she receives from him upon her oral promise to reconvey it upon request? The appeal raises for the first time in Pennsylvania this question which may have grave effect on the certainty of recorded titles to real property. The learned chancellor in the court below held the relation...

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