Inlow v. Christy
Supreme Court of Pennsylvania
Appeal, No. 94, Jan. T., 1898, by plaintiff, from decree of C. P. Blair Co., Dec. T., 1895, No. 247, dismissing bill in equity. Bill in equity to cancel a deed. The facts appear by tbe opinion of the Supreme Court. The court by Lyons, P. J., of the 41st judicial district, specially presiding, entered a decree dismissing the bill. Error assigned was decree dismissing the bill.
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Appeal, No. 94, Jan. T., 1898, by plaintiff, from decree of C. P. Blair Co., Dec. T., 1895, No. 247, dismissing bill in equity. Bill in equity to cancel a deed. The facts appear by tbe opinion of the Supreme Court. The court by Lyons, P. J., of the 41st judicial district, specially presiding, entered a decree dismissing the bill. Error assigned was decree dismissing the bill. Au implied trust must arise, if at all, from the date of the transaction, or the passing of the deed in which it originated: Gould v. Lynde, 114 Mass. 366; Payne v. Patterson, 77 Pa. 124; Cook v. Fountain, 3 Swanst. 591.…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The nature of the title of defendants’ testator, Dr. John T. Christy, to the Gallitzin land of his father, Francis X. Christy, has been definitely settled by the final judgments of this Court in Christy v. Christy, 162 Pa. 485, and Same v. Same, 176 Pa. 427. He held the legal title, accompanied by an express declaration of trust in favor of his brothers and sisters as to their-respective shares. To his own share he had both the legal and equitable title; as to the other shares, the equitable was in the brothers and sisters, with the right to demand a conveyance-from…
2Cases cited5 opinions
- Leaming v. WiseSupreme Court of Pennsylvania · 1873
- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
- Hilliard v. Allegheny Geometrical Wood Carving Co.Supreme Court of Pennsylvania · 1896
- Christy v. ChristySupreme Court of Pennsylvania · 1894
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- Storrs v. Belmont Gold Mining & Milling Co.California Court of Appeal · 1938
- Dunn v. Columbia Nat. BankSupreme Court of Pennsylvania · 1902
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