Clark v. Clark

Citations

• 180 Pa. 186
• 36 A. 747
• 1897 Pa. LEXIS 900

Syllabus

<p>Equity — Practice, O. P. — Appeal—Making up record.</p> <p>Where a record has been made up and certified for appeal, it is improper practice to pin the decree of the court below to another paper in the case. If the record was made up before the decree was entered, the decree should be sent up by a special return sur diminution of record.</p> <p>Trusts and trustees — Accounts—Equity jurisdiction — Acts of April 25, 1850, April 22, 1856 and June 14, 1836.</p> <p>On a bill in equity, it appeared that the defendant who had the legal title to certain real and personal estate agreed to hold the property subject to certain interests of the plaintiff and others therein, and to account in the mode and upon the principles set out in the written agreement. This agreement was the foundation of the bill. The property in question was situated in McKean county, Pennsylvania. The bill averred that the defendant “ resides and is domiciled in the city of Philadelphia.” The defendant admitted in his answer the truth of this averment. Held, (1) that the defendant by the agreement constituted himself a trustee, and became liable to account in' any court having jurisdiction over him, not by virtue of any statute as to tenants in common, but by the general jurisdiction of chancery to compel performance of equitable duties or the enforcement of equitable rights wherever the party may be found, without reference to the locality of the land; (2) that as far as the jurisdiction of the court was concerned, the Acts of April 25, 1850, sec. 24, P. L. 573, April 22, 1856, P. L. 502, and June 14, 1836, sec. 15, P. L. 632, had no application.</p>