Fillman v. Divers
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county. This was an ejectment by Ann Divers against William Fillman and Francis Gibson, for a lot of ground in the borough of Miltofa, Northumberland county. John Divers, the plaintiff’s husband, on the 19th June 1841, purchased the lot in controversy from John Houtz, for $100, and took a deed in his own name.
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Error to the Common Pleas of Northumberland county. This was an ejectment by Ann Divers against William Fillman and Francis Gibson, for a lot of ground in the borough of Miltofa, Northumberland county. John Divers, the plaintiff’s husband, on the 19th June 1841, purchased the lot in controversy from John Houtz, for $100, and took a deed in his own name. There was evidence on the trial that it was purchased with the plaintiff’s money, and that the deed was to have been made in her name. At the time the money was advanced to him, Divers gave his note for it, and subsequently a judgment in which…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
It was incumbent upon the plaintiff in the court below to establish two things: first, the existence of a trust resulting to her; and secondly, that the defendants who had purchased the title of the trustee had knowledge of the trust at the time of the purchase. Aware of this, she attempted to prove both. The learned judge who tried the cause was of opinion, and so instructed the jury, that the proof of knowledge by the purchaser which the plaintiff submitted was sufficient if believed. In this we think there was error. It was a binding…
2Cited by2 opinions
- Sautter v. RowlandSupreme Court of Pennsylvania · 1925
- Lance v. Gorman, Pennsylvania Court of Common Pleas, Schuylkill County1890