Legal Opinion

Nixon's Appeal

Supreme Court of Pennsylvania

Decided January 3, 1870PublishedCited by 10 opinions

Appeal from the decree of the Orphans’ Court of Washington county: No. 232, to October and November Term 1869. At August Term 1868, of the Orphans’ Court of Washington county, Sidney Winnett and Frances Nixon, sisters of John J. Nixon, deceased, presented several petitions for an inquest to value and divide the real estate of the decedent; the petitions set forth the seisin of the decedent, his death intestate, unmarried and without issue, leaving a number of brothers and…

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Appeal from the decree of the Orphans’ Court of Washington county: No. 232, to October and November Term 1869. At August Term 1868, of the Orphans’ Court of Washington county, Sidney Winnett and Frances Nixon, sisters of John J. Nixon, deceased, presented several petitions for an inquest to value and divide the real estate of the decedent; the petitions set forth the seisin of the decedent, his death intestate, unmarried and without issue, leaving a number of brothers and sisters his heirs. An inquest was awarded, which, September 19th 1868, made an inquisition dividing the intestate’s real…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1870, by

Sharswood, J. —

A trust which arises or results by implication or construction of law from payment of the purchase-money of land may unquestionably be established by parol evidence; but then that evidence must be clear and unequivocal in showing that the money was paid at the time. A subsequent payment, however clearly proved, will not answer the requirements of the law. This is well expressed by Chancellor Kent in Botsford v. Barr, 2 Johns. Ch. Rep. 408: “ If A. purchases an estate with his own money, and takes the deed in the name of…

2Cases cited1 opinion

  1. Botsford v. BurrNew York Court of Chancery · 1817

3Cited by10 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
  3. Watkins and Miller v. WatkinsSuperior Court of Pennsylvania · 1931
  4. Robinson v. PowellSupreme Court of Pennsylvania · 1904
  5. Kraft v. SmithSupreme Court of Pennsylvania · 1887

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