Wilhelm v. Folmer
Supreme Court of Pennsylvania
In error from the Common Pleas of Lycoming county. July 26. This was a summary proceeding by a purchaser at sheriff’s sale to obtain possession, which was removed into the Com mon Pleas. . On the trial, before Anthony, P. J., it appeared that on thi 16th of May, 1886, one -Collins, by articles, agreed to sell the property in question to Samuel Wilhelm, in trust, for the children and legal heirs of John Wilhelm.
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In error from the Common Pleas of Lycoming county. July 26. This was a summary proceeding by a purchaser at sheriff’s sale to obtain possession, which was removed into the Com mon Pleas. . On the trial, before Anthony, P. J., it appeared that on thi 16th of May, 1886, one -Collins, by articles, agreed to sell the property in question to Samuel Wilhelm, in trust, for the children and legal heirs of John Wilhelm. The terms were $800 down, and. the judgment note of Samuel for $200 on delivery of the deed. On the 11th February, 1887, a deed was executed pursuant to the articles, and a judgment…
1Opinion of the CourtBell, J.
The charge of the court below seems to have proceeded upon the misapprehension that from the conveyance of Collins to Samuel. L. Wilhelm, a trust resulted for the benefit of John Wilhelm, which was liable to judicial sale, under and by virtue of the judgment confessed by the agent employed in making the purchase, and subsequent trustee. “If,” say the court, “John Wilhelm thought proper to pay $300, and, for some purpose best known to himself, to put the property in such form as that his name should not appear'in the deed, as a party in interest, we cannot permit his children to sot up the…
2Cases cited2 opinions
- Wood v. PerryNew York Supreme Court · 1847
- Roe v. HumphreysSupreme Court of Pennsylvania · 1795
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