Legal Opinion

Trefts v. King

Supreme Court of Pennsylvania

Decided October 25, 1851PublishedCited by 4 opinions

Error to the Common Pleas of Cambria county. This was an ejectment by George S. King & Co., against J. Adam Trefts and J. John Trefts, to recover a tract of land containing 160 acres. C. Horner had been the owner of the land in dispute. On the 12th February, 1846, Horner entered into an article of agreement with J. Adam Trefts for the sale of it to him. This purchase, the plaintiffs alleged, was in trust for Geo.

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Error to the Common Pleas of Cambria county. This was an ejectment by George S. King & Co., against J. Adam Trefts and J. John Trefts, to recover a tract of land containing 160 acres. C. Horner had been the owner of the land in dispute. On the 12th February, 1846, Horner entered into an article of agreement with J. Adam Trefts for the sale of it to him. This purchase, the plaintiffs alleged, was in trust for Geo. S. King & Co.' J. John Trefts, son of J. Adam Trefts, afterwards, on the 15th April, 1846, bought the land from Horner and got a deed for it, and gave his notes either for the whole…

1Opinion of the Court

The opinion of the Court was delivered, by

Coulter, J.

There was very full evidence of the trust; that is, that John J. Trefts took the conveyance from Horner with knowledge that his father, J. Adam Trefts, had purchased for King, and that King had furnished the money to make the first payment. But this evidence, and the evidence of the trust, were very fairly submitted to the jury by the Court. They also instructed the *160jury that if John J. Trefts knew that the land had been contracted for by Trefts the elder, for the benefit of King & Co., and that the money which he, Trefts the elder, paid on…

2Cited by4 opinions

  1. Stony Brook Lumber Co. v. BlackmanSupreme Court of Pennsylvania · 1926
  2. Custis v. SerrillSupreme Court of Pennsylvania · 1931
  3. Cameron, SEC. of B. v. P. Bk. of MaytownSupreme Court of Pennsylvania · 1929
  4. Erie County v. LambertonSupreme Court of Pennsylvania · 1929

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