Sweeney v. Horn
Supreme Court of Pennsylvania
Appeal, No. 292, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1895, No. 718, for defendant, non obstante veredicto. Ejectment for land in the Twenty-seventh ward of the city of Philadelphia.
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Appeal, No. 292, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1895, No. 718, for defendant, non obstante veredicto. Ejectment for land in the Twenty-seventh ward of the city of Philadelphia. At the trial the court instructed the jury as follows: Upon the writings in evidence, which are undisputed, the question whether the interest of James G. Magee under the declaration of trust by William H. Horn is realty or personalty is reserved, and a verdict directed for the plaintiff, subject to a, just proportion of the amount due the trustees. Subsequently the court…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The facts in this case are fully stated in the opinion of the learned judge of the court below on the reserved point, and we . might well rest an affirmance of the judgment on that opinion, were it not that appellant’s counsel has misunderstood a sentence or two of it, and perhaps others in the future might be led to do so, were we to pass the complaint unnoticed.
The doctrine of equitable conversion is old, and is thus stated in Fletcher v. Ashburner, 1 White & Tudor’s Leading Cases in Equity, 1118: “Money directed to be employed in the purchase of land, and land…
2Cases cited1 opinion
- Hunter v. AndersonSupreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Bartlett v. GillDistrict Court, D. Massachusetts · 1915
- Estate of TaylorSupreme Court of Pennsylvania · 1978
- Estate of TaylorSupreme Court of Pennsylvania · 1978
- Jones v. Fidelity-Philadelphia Trust Co.Superior Court of Pennsylvania · 1938
- Staller Estate, Pennsylvania Court of Common Pleas, Schuylkill County1956