Gilchrist v. Brown
Supreme Court of Pennsylvania
Appeal, No. 205, Oct. T., 1898, by defendants, from judgment of C. P. Butler Co., March T., 1893, No. 219, on a verdict for the plaintiff. Ejectment for an undivided interest in land. Before Hazes', P. J. On the trial plaintiff showed title as purchaser at sheriff’s sale of the interest of Matthew J. Brown, in whom the record title stood.
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Appeal, No. 205, Oct. T., 1898, by defendants, from judgment of C. P. Butler Co., March T., 1893, No. 219, on a verdict for the plaintiff. Ejectment for an undivided interest in land. Before Hazes', P. J. On the trial plaintiff showed title as purchaser at sheriff’s sale of the interest of Matthew J. Brown, in whom the record title stood. Defendants attempted to show a resulting trust for an undivided interest in the property in Brown’s wife by payment of part of the purchase money. Both defendants testified that the payments were to be made with her money under the express agreement that she…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
This action was brought by a purchaser at sheriff’s sale to obtain possession of a farm bought by him under a judgment against Matthew J. Brown. No question is raised over the *282regularity of the proceeding or the validity of the sheriff’s sale. On the contrary it is conceded that the purchaser acquired the title of the defendant. The defence set up relates to an undivided three fifths of the farm which, it is alleged, Mary M. Brown, wife of Matthew J. Brown, is entitled to under a resulting trust originating in 1868. The facts relied upon to raise the resulting…
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