Legal Opinion

Beck's Executors v. Graybill & Swartley

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 1 opinion

Error to the Common Pleas of Bucks county. This was an action of ejectment by Deininger et al., executors of Andrew Beck, deceased, against Wm. Graybill and Philip Swartley. On the 3d of April, 1826, the executor of one Redline sold the land in question to Philip Swartley, under whom both parties in this action claimed title.

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Error to the Common Pleas of Bucks county. This was an action of ejectment by Deininger et al., executors of Andrew Beck, deceased, against Wm. Graybill and Philip Swartley. On the 3d of April, 1826, the executor of one Redline sold the land in question to Philip Swartley, under whom both parties in this action claimed title. Beck’s executor’s title was founded on a deed from Philip Swartley to Jacob Heffner, dated 14th April, 1832, the consideration mentioned in which is $700; and on a sheriff’s sale of the property on a judgment against Heffner in favour of Andrew Beck, for $400, entered…

1Opinion of the Court

The opinion of the court was delivered by

Lewis, C. J.

It is well settled that a trust which results by operation of law, from the payment of the purchase-money, is not within the statute of frauds and perjuries, and may therefore be proved by parol evidence. In such a ease it is error to apply the rule which declares that parol contracts for the sale of lands can be shown only by an express agreement. Any evidence which satisfies the court and jury that the purchase-money was paid by the party claiming the benefit of the trust, is sufficient to establish it: Lynch v. Cox, 11 Harris 268. In…

2Cases cited1 opinion

  1. Koons v. HartmanSupreme Court of Pennsylvania · 1838

3Cited by1 opinion

  1. Appeal of WolffSupreme Court of Pennsylvania · 1889

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