Ross v. Suburban Counties Realty Corp.

Opinion by

Mr. Justice Patterson,

This is an action in ejectment instituted by the heirs of Charles Ross, appellants, against Suburban Counties Realty Corporation, appellee, based upon the theory that appellee, as successor in title to a trustee ex maleficio, holds the property as trustee of a constructive trust for the benefit of appellants. The court below made absolute appellee’s rule for judgment on the pleadings. This appeal followed.

The declaration alleged that on January 8, 1806, the premises were sold by the United States Marshal on a writ issued by the United States Circuit Court at…