Rosa v. Hummel
Supreme Court of Pennsylvania
Appeal, No. 242, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1913,. No. 4767, for claimant n. o. v., in case of Generoso Rosa v. George Hummel, Defendant, and Emma C. Bergdoll, Claimant. Ejectment to recover land purchased by plaintiff at a sheriff’s sale. Before Martin, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 242, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1913,. No. 4767, for claimant n. o. v., in case of Generoso Rosa v. George Hummel, Defendant, and Emma C. Bergdoll, Claimant. Ejectment to recover land purchased by plaintiff at a sheriff’s sale. Before Martin, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for the land by direction of the court and damages assessed at $1,006.56. The court subsequently entered judgment for claimant n. o. v. Plaintiff appealed. Error assigned was in entering judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the Act of June 4, 1901, P. L. 425, it is provided, “that whenever hereafter a resulting trust shall arise with respect to real property by reason of the payment of the purchase-money by one person and the taking or making of the legal title in the name of another, if the person advancing the purchase-money has capacity to contract, such resulting trusts shall be void and of no effect as to bona fide judgment or other creditors,” &c., unless a declaration in trust has been executed and recorded, or an action of ejectment begun against the holder of the legal…
2Cases cited4 opinions
- Davey v. RuffellSupreme Court of Pennsylvania · 1894
- Rochester Trust Co. v. WhiteSupreme Court of Pennsylvania · 1914
- Sill v. SwackhammerSupreme Court of Pennsylvania · 1883
- Reed's AppealSupreme Court of Pennsylvania · 1850
3Cited by9 opinions
- Davis v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1939
- Malamed v. SedelskySupreme Court of Pennsylvania · 1951
- Burns v. Coyne Et Ux.Supreme Court of Pennsylvania · 1928
- Skiff Re Business, Inc. v. Buckingham Ridgeview, LPSuperior Court of Pennsylvania · 2010
- Loughney v. PageSupreme Court of Pennsylvania · 1936
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