White v. Patterson
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OE COMMON" PLEAS OE BEAVER COUNTY. No. 173 October Term 1890, Sup. Ct.; court below, No. 1 June Term 1890, C. P. in Equity.
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APPEAL BY DEFENDANT FROM THE COURT OE COMMON" PLEAS OE BEAVER COUNTY. No. 173 October Term 1890, Sup. Ct.; court below, No. 1 June Term 1890, C. P. in Equity. On March 11, 1889, Robert White filed a bill in equity against Sallie H. Patterson, praying that the defendant be declared a naked trustee of the legal title to the “ coals, ores, minerals and fire clays,” in and under a certain tract of land containing one hundred acres, and that she be ordered to convey the same by a sufficient deed to the plaintiff. , A demurrer to the bill was sustained in part by the court, Wickham, P. J.,…
1Opinion of the Court
OPINION,
Me. Justice McCollum :
We think this case was correctly decided in the court below. *438The appellee’s possession of the land described in the bill, was notice to the appellant and the parties under whom she claims, that he was the equitable owner of it, and that his vendor held the legal title to it in trust for him: Hottenstein v. Lerch, 104 Pa. 455; Rowe v. Ream, 105 Pa. 543. It is also well settled that a party who takes a conveyance from the trustee of the legal title, with knowledge of the outstanding equity, succeeds to the rights and obligations of his grantor: Hill on Trustees, §…
2Cases cited5 opinions
- Kerr v. DaySupreme Court of Pennsylvania · 1850
- Harris v. HarrisSupreme Court of Pennsylvania · 1872
- Rowe v. ReamSupreme Court of Pennsylvania · 1884
- Du Bois v. BaumSupreme Court of Pennsylvania · 1864
- Richards v. ElwellSupreme Court of Pennsylvania · 1865
3Cited by17 opinions
- Christy v. ChristySupreme Court of Pennsylvania · 1946
- Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
- Stolarick v. StolarickSuperior Court of Pennsylvania · 1976
- Fitzpatrick v. FitzpatrickSupreme Court of Pennsylvania · 1942
- Keck v. VandykeSupreme Court of Pennsylvania · 1928
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