Smith v. Painter
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Union county. This was an action brought by Thomas Painter-, the de- ° J fendant in error, the plaintiff below, late sheriff of Northumberland county, for the recovery of the purchase money of a tract of land sold by him to Probst as the estate of Evan R. Evans, in the hands of his administrator. The sale was made on the 25th August, 1813, on an alias venditioni ex-ponas, returnable to the August Term.
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In Error. ERROR to the Court of Common Pleas of Union county. This was an action brought by Thomas Painter-, the de- ° J fendant in error, the plaintiff below, late sheriff of Northumberland county, for the recovery of the purchase money of a tract of land sold by him to Probst as the estate of Evan R. Evans, in the hands of his administrator. The sale was made on the 25th August, 1813, on an alias venditioni ex-ponas, returnable to the August Term. The deed was knowledged on the 26th November, the Term following, and tendered to Probst, who refused to accept it. The estate was formerly owned…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
If this was an ejectment between Evans, or his heirs, and Hendricks; this evidence, connected as it was *225with the receipt, would have established the trust, and on the payment of the money, Hendricks would hold the land. But if Evans had sold to one who had no notice of the trust, the sale could not be disturbed. A purchaser without notice of a trust, never can be affected by it. This doctrine is fully considered, in Lazarus's Lessee v. Bryson, 2 Binn., and is a plain principle of natural justice, and an established rule in equity. If Probst…
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