Lloyd v. Carter
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county. This was an action of ejectment brought by John Lloyd against his son Isaac Lloyd, to recover a lot of land in the borough of Chester, Delaware county. John Lloyd died after the institution of the suit, and Carter, his executor, was substituted. Samuel Starr owned the lot in question in 1849. There was a house erected upon it in which Isaac Lloyd lived as tenant of Starr, and kept a shoe store.
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Error to the Common Pleas of Delaware county. This was an action of ejectment brought by John Lloyd against his son Isaac Lloyd, to recover a lot of land in the borough of Chester, Delaware county. John Lloyd died after the institution of the suit, and Carter, his executor, was substituted. Samuel Starr owned the lot in question in 1849. There was a house erected upon it in which Isaac Lloyd lived as tenant of Starr, and kept a shoe store. He occupied all but a small building used as a hatter shop. On the 31st of December, 1849, he contracted with his landlord for the purchase of the…
1Opinion of the Court
The opinion of the court was delivered b
Coulter, J.
A trust may be proved by parol. It is now too late to question that principle: Gregory v. Setter, 1 Dall. 193; German v. Gabbald, 3 Bin. 304; Wallace v. Duffield, 2 Ser. & R. 526. The evidence offered, connected with strong attending *221circumstances leading to proof, conduced to establish a resulting trust (a phrase with which the learned counsel for the plaintiff in error is entirely dissatisfied), in the opinion of the court below. It resulted from the facts that the money which paid for the land belonged to the father, who was aged and…
2Cases cited1 opinion
- Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
- Baumgartner v. GuessfeldSupreme Court of Missouri · 1866