Barry v. Hill

Citations

• 166 Pa. 344
• 31 A. 126
• 1895 Pa. LEXIS 1208

Syllabus

<p>Trusts and trustees—Resulting trust—Trust ex maleficio—Statute of limitations—Act of April 22, 1856—Evidence.</p> <p>A trust ex maleficio can only result from some act of bad faith, and a mere refusal to perform a parol contract to hold or convey land is not sufficient to create such a trust.</p> <p>An owner of ground rents conveyed them to another and placed the deed on record. Two years afterwards he conveyed the same ground rents, as his own, to a third party, whose title by various conveyances devolved upon defendant. The grantee under the first deed died, having devised his estate to plaintiff. Defendant acquired title about ten years after the death of the grantee in the first deed. In an action for arrears of ground rent defendant offered to show that the conveyance to plaintiff’s testator was without consideration, and upon an agreement that the ground rents were to be sold subject to the exclusive ownership of the grantor, and that the grantee had no interest in them, and that the grantor after the conveyance received the interest on them. Held, that the evidence was properly excluded because it was insufficient to establish a trust ex maleficio, and, even if it did, the trust was barred by the act of April 22, 1856,P. L. 533.</p> <p>In such a case if the offer had gone further and alleged a breach of the parol agreement, it would not have been sufficient to establish a trust ex maleficio.</p> <p>The act of 1856 applies as well to resulting trusts which arise ex maleficio, as to those which are founded upon the payment of purchase money.</p>