Bruner v. Finley
Supreme Court of Pennsylvania
Appeal, No. 239, Jan. T., 1897, byi defendants, from decree of C. P. No. 3, Phila. Co., Sept. T., 1896, No. 114, on bill in equity.
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Appeal, No. 239, Jan. T., 1897, byi defendants, from decree of C. P. No. 3, Phila. Co., Sept. T., 1896, No. 114, on bill in equity. Bill in equity for a conveyance and an account. 'Before McMichael, J. The bill was filed in 1896 against the executors and heirs of Thomas Finley, who died October 24, 1879, to obtain an accounting and a conveyance concerning five properties situate in Philadelphia, to which the decedent had title, alleging that they were affected by a trust in plaintiff’s favor, created by said decedent in his lifetime. Said properties, as numbered in the bill, are as follows:…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The title of Browning to the premises in question was ac*395quired by sheriff’s sales upon judgments against Bruner and liis sons and a conveyance by the plaintiff, whose interest was not bound by the lien of the judgment- The title of Finley was acquired by deed from Browning dated February 19,1878, and an agreement in writing between them of the same date. Neither in the agreement nor in the deed was any trust of any kind created or mentioned. The paper under which it is alleged the trust in favor of the plaintiff was created is in form an agreement between Meta N.…
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