Logan v. Eva
Pennsylvania Court of Common Pleas, York County
No. 4 July Term 1891, Sup. Ct.; court below, No. 40 April Term 1890, C. P. On February 6,1890, John N. Logan commenced a proceeding before an alderman against Henry G. Eva, under §§ 105-118, act of June 16, 1836, P. L. 780, to obtain possession of a tract of land in Carroll township.
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No. 4 July Term 1891, Sup. Ct.; court below, No. 40 April Term 1890, C. P. On February 6,1890, John N. Logan commenced a proceeding before an alderman against Henry G. Eva, under §§ 105-118, act of June 16, 1836, P. L. 780, to obtain possession of a tract of land in Carroll township. By proceedings in the form prescribed by the statute, Susan Eva, wife of H. G. Eva, came upon the record as a claimant of title to the property, and the cause was certified by the alderman to the court below, where the plaintiff, Logan, declared in ejectment against Susan Eva and Henry G. Eva, her husband, the…
1Opinion of the Court
Opinion,
Me. Justice McCollum:
The substantial questions raised by this appeal are whether the evidence is sufficient to establish a resulting trust, and whether the appellant is protected by the mortgagee’s want of notice of it. The instructions to the jury respecting the nature and kind of proof required to develop and successfully assert the trust, were unobjectionable and in harmony with our decisions on the subject. It is not with the principles announced in this connection that the appellant takes issue, but with the evidence, which he affirms is not full and clear enough, under the…
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