Galbraith v. Galbraith
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1898, by-plaintiffs, from decree of C. P. No. 3, Phila. Co., March T., 1896, No. 1266, on bill in equity. Bill in equity to establish a resulting trust. Before Fenlet-TER, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in dismissing the bill.
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Appeal, No. 138, Jan. T., 1898, by-plaintiffs, from decree of C. P. No. 3, Phila. Co., March T., 1896, No. 1266, on bill in equity. Bill in equity to establish a resulting trust. Before Fenlet-TER, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in dismissing the bill. “ A resulting trust properly so called,” says Gibson, J., in Wallace v. Duffield, 2 S. & R. 528, “arises where the purchaser of land pays the purchase money but takes the conveyance in another person’s name.” Nothing more is necessary than to prove that the land was paid for with a cestui que…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The averments of the bill intended io establish a trust in favor of the appellants were that at a sheriff’s sale of the real estate of James Galbraith certain properties were purchased for them and other judgment creditors by their attorney, George E. Schlegel milch, and paid for by him with their money; that without their consent or knowledge the title was taken in the name of Mary J. Galbraith, one of the defendants in the bill, and the wife of James Galbraith; that she had refused to execute a declaration of trust, and claimed to hold the property as her own.
Mary…
2Cases cited4 opinions
- Lynch v. CoxSupreme Court of Pennsylvania · 1854
- Burke's AppealSupreme Court of Pennsylvania · 1882
- Edwards v. EdwardsSupreme Court of Pennsylvania · 1861
- Lingenfelter v. RitcheySupreme Court of Pennsylvania · 1868
3Cited by12 opinions
- Kauffman v. KauffmanSupreme Court of Pennsylvania · 1920
- Gerlach EstateSupreme Court of Pennsylvania · 1950
- Watkins and Miller v. WatkinsSuperior Court of Pennsylvania · 1931
- Walker v. WalkerSupreme Court of Pennsylvania · 1916
- Casciola v. DonatelliSupreme Court of Pennsylvania · 1907
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