Morey v. Herrick
Supreme Court of Pennsylvania
Error to the Common Pleas of Pile county. This was an action of ejectment, brought by Erasmus Morey and others against Samuel Herrick and others, for 528 acres of land in Benezette township, Elk county, being the north half of a tract surveyed on warrant No. 5482, granted to George Mead, containing 1056 acres, and known as the Ketland lot. The plaintiffs were the heirs at law of Leonard Morey, deceased, and claimed the land as such.
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Error to the Common Pleas of Pile county. This was an action of ejectment, brought by Erasmus Morey and others against Samuel Herrick and others, for 528 acres of land in Benezette township, Elk county, being the north half of a tract surveyed on warrant No. 5482, granted to George Mead, containing 1056 acres, and known as the Ketland lot. The plaintiffs were the heirs at law of Leonard Morey, deceased, and claimed the land as such. Both parties, plaintiffs and defendants, claimed under the same title, viz., a deed in 1822, from the treasurer of Clearfield county, in which the land was then…
1Opinion of the Court
The opinion of the Court was delivered, by
Bell, J.
Although, in one aspect, the averred trust would seem to fall within the circle of cases which declare a trust cannot be the offspring of a naked declaration by a purchaser that he is buying for the benefit of another, we are strongly .impressed with the opinion that enough was shown in this case, to constitute Powers and those claiming under him with notice, trustees, either upon the ground of fraud, or by way of implication resulting from the application of Morey’s money in completion of the purchase, wholly or partially. As that part of the…
2Cases cited3 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
3Cited by9 opinions
- Hamberg v. BarskySupreme Court of Pennsylvania · 1946
- Lund v. HeinrichSupreme Court of Pennsylvania · 1963
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Casciola v. DonatelliSupreme Court of Pennsylvania · 1907
- McCully Et Ux. v. FlanaganSuperior Court of Pennsylvania · 1930
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