Bickel's Appeal
Supreme Court of Pennsylvania
February 5th 1878. Before Agnew, O. J., Sharswood, Mercur, Gordon,'Paxson, Woodward and Tkunkey, JJ. Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1875, No. 4. In equity.
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February 5th 1878. Before Agnew, O. J., Sharswood, Mercur, Gordon,'Paxson, Woodward and Tkunkey, JJ. Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1875, No. 4. In equity. This cause originated in the old Court of Common Pleas, and in the distribution of the business in the reconstruction of the courts under the new constitution was allotted to the causes to be tried by Court of Common Pleas, No. 2. The proceedings were as follows: In 1869 John O. Offerman filed a bill in equity against Asa Packer, surviving executor of Robert W. Packer, deceased, and…
1Opinion of the CourtJustice Gordon
A resulting trust in land can be raised only from fraud in obtaining title thereto, or from the payment of purchase-money when that title is acquired: Barnet v. Dougherty, 8 Casey 371. Offer-man has failed to bring his case within the reach of either of these rules. That R. W, Packer used any trick, concealment or underhand means in procuring the contract from the Camden and Am-boy Railroad Company, is, so far as we can discover, not even alleged, and that Offerman paid the purchase-money, or any part thereof, which procured or helped to procure that contract, is not proved. It is urged that…
2Cases cited1 opinion
- Stephens v. WellsSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Ebbert v. Plymouth Oil Co.Supreme Court of Pennsylvania · 1943
- Braden v. WorkmanSupreme Court of Pennsylvania · 1885