Zimmerman v. Barber
Supreme Court of Pennsylvania
Appeal, No. 198, Jan. T., 1896, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1892, No. 131, on verdict for defendant. Ejectment for a tract of land in Benton township.
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Appeal, No. 198, Jan. T., 1896, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1892, No. 131, on verdict for defendant. Ejectment for a tract of land in Benton township. Before Gunsteb, J. At the trial the following facts appeared from the evidence: On the 24th day of April, A. D. 1868, Williams Barber conveyed to Ira T. Barber, his son, in fee, inter alia the piece of land in dispute in this case for the sum of $1,437, and took, as security for part of the purchase money, three several judgment notes, amounting in all to $l,0'58.58j,upon which judgments were severally entered.…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The sheriff conveyed the land in dispute “to Coleman Wells, *11executor of Williams Barber, deceased,” and Wells acknowledged in writing that the purchase money was furnished to him by the defendant. It was contended by the plaintiff that Wells held the land in trust for the estate, and by the defendant that he held it in trust for the heirs. It was also contended by the plaintiff that if he held it for the estate it was to be regarded as personalty, and he could sell it as such without the aid of the orphans’ court. The learned trial judge conceded that if he held…
2Cases cited3 opinions
- Lynch v. CoxSupreme Court of Pennsylvania · 1854
- Strimpfler v. RobertsSupreme Court of Pennsylvania · 1852
- Hays v. QuaySupreme Court of Pennsylvania · 1871
3Cited by3 opinions
- King v. KingSupreme Court of Pennsylvania · 1924
- Lutz v. MatthewsSuperior Court of Pennsylvania · 1908
- Storke v. Wayne Brewing Co.Superior Court of Pennsylvania · 1922