Kisler v. Kisler
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action on the case by Samuel Kisler, against Samuel Etter, administrator of Henry Kisler deceased, in which the jury found the following special verdict. Henry Kisler was guardian of the plaintiff. The ward had requested Henry to purchase Fisher’s farm, then advertised for sale, for him; but no definite agreement was made.
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ERROR to the common pleas of York county. This was an action on the case by Samuel Kisler, against Samuel Etter, administrator of Henry Kisler deceased, in which the jury found the following special verdict. Henry Kisler was guardian of the plaintiff. The ward had requested Henry to purchase Fisher’s farm, then advertised for sale, for him; but no definite agreement was made. Both appeared at the sale, which took place in the fall of 1828. Samuel had procured a man to bid for him, who, as well as Henry, bid for the property, and the same was struck down to Henry, who at the time declared that…
1Opinion of the Court
The opinion of-the Court was delivered by
Gibson, C. J.
In England a trust results by implication of law but in two cases: the first where the purchaser has paid the price with his own money, but taken the conveyance in the name of another—not where he has paid with the money of another, and taken the conveyance in his own name: and the second, where a trust has been declared of but part of the estate, from which the law implies an intent to reserve the beneficial ownership of the residue. These are specific cases of resulting trusts; and according to Lloyd v. Spillet, 2 Atk. 150, they are the…
2Cases cited3 opinions
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Lessee of German v. GabbaldSupreme Court of Pennsylvania · 1811
- Wallace v. DuffieldSupreme Court of Pennsylvania · 1816
3Cited by21 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Hamberg v. BarskySupreme Court of Pennsylvania · 1946
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Nease v. CapehartWest Virginia Supreme Court · 1874
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
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