Salsbury v. Black
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LACKAWANNA COUNTY. No. 146 January Term 1888, Sup. Ct.; court below, No. 171 January Term 1884, C. P. On November 9, 1883, an action of ejectment was brought by Helen C. Salsbury against R. T. Black, to recover a house, and lot in Scranton.
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ERROR TO THE COURT OE COMMON PLEAS OE LACKAWANNA COUNTY. No. 146 January Term 1888, Sup. Ct.; court below, No. 171 January Term 1884, C. P. On November 9, 1883, an action of ejectment was brought by Helen C. Salsbury against R. T. Black, to recover a house, and lot in Scranton. At the trial on December 1, 1887, it appeared that in December 1874, the plaintiff had acquired the property in dispute subject to the lien of a mortgage, held by E. B. Sherwood, for $2,000 ; a judgment, held by R. T. Black, for $2,120; another judgment in the name of Thomas Moore, for $1,249.54. Of this last lien she…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
This was an action of ejectment. The defendant claimed title by virtue of a sheriff’s deed. The plaintiff claims under a parol trust, and alleges that it comes within the exception of the act of 1856, for the reason that it is a resulting trust.
The facts, stating them in the most favorable way for the plaintiff, are substantially as follows: At and for some time' before the sheriff’s sale, the plaintiff was the owner of the house in question. The defendant occupied it as her tenant. The rent was paid to her brother. There were three liens on *206the property, viz.: 1,…
2Cases cited3 opinions
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