Payne's Adm'r v. Patterson's Adm'rs
Supreme Court of Pennsylvania
Error to the Court of Common. Pleas oí .Allegheny county: Of October and November Term 1874, No. 204. This was an action of assumpsit, brought October 6th 1866, by Alexander Payne against Alexander Patterson et al., administrators, &e., of Abram Patterson, deceased. The plaintiff having died pending the action, his death was suggested of record, and Sarah Payne, his administratrix, substituted as plaintiff.
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Error to the Court of Common. Pleas oí .Allegheny county: Of October and November Term 1874, No. 204. This was an action of assumpsit, brought October 6th 1866, by Alexander Payne against Alexander Patterson et al., administrators, &e., of Abram Patterson, deceased. The plaintiff having died pending the action, his death was suggested of record, and Sarah Payne, his administratrix, substituted as plaintiff. The cause of action, as alleged by the plaintiff, arose under the following undisputed facts, given in evidence on the trial, December 16th 1878 .— Payne was the owner of a farm which was…
1Opinion of the CourtJustice Mercur
*137This is an action of assumpsit to recover a portion of the money received by the defendant’s intestate, on a sale of real estate. The right to recover must rest on establishing that he held the land either as a trustee or as a mortgagee.
There is no allegation that McOlane purchased at sheriff’s sale under any arrangement with the plaintiff’s intestate. There was no understanding between them that Payne should have any interest in the land or any share of the proceeds of a subsequent sale. Payne paid no part of the purchase-money. Hence there was no resulting trust; nor was there a trust ex…
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