Pipher v. Lodge
Supreme Court of Pennsylvania
In Error. THIS ejectment was brought in the Court of Common -^eas Northumberland county, by Benjamin Lodge and. others, the children and heirs of Jonathan Lodge, deceased, against William Pipher, the tenant of----Lloyd and ^ara^ wifo» formerly the widow of Josiah Haines, deceased, who was one of the children of Reuben Haines, deceasech to recover 150 acres of land near Northumberland town, on the north branch of the Susquehanna.
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In Error. THIS ejectment was brought in the Court of Common -^eas Northumberland county, by Benjamin Lodge and. others, the children and heirs of Jonathan Lodge, deceased, against William Pipher, the tenant of----Lloyd and ^ara^ wifo» formerly the widow of Josiah Haines, deceased, who was one of the children of Reuben Haines, deceasech to recover 150 acres of land near Northumberland town, on the north branch of the Susquehanna. Both parties claimed under Reuben Haines, who it was agreed was seised t^ie ^and in dispute. The plaintiffs made title under a purchase by Jonathan Lodge of Reuben…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
(After stating the leading facts.). After a sale, and before conveyance of the legal title, the general rule is, that the vendor is a trustee for the vendee; and while his possession can be reasonably supposed to be in accordance with the trust, it should be construed for the benefit of the cestui qui trust, and consequently the act of limitations would have no operation. But where he who was the trus,tee, openly disavows the trust, the case is different; and especially, where, as in the present instance, the vendor, after having…
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