Cleaver v. Garner

Citations

• 2 Monag. 384
• 17 A. 13
• 1889 Pa. LEXIS 1386

Syllabus

<p>In an action of ejectment, it appeared from the evidence that one Spinney agreed to make a purchase of the property at sheriff’s sale in trust for himself and plaintiffs, who were to pay their share of the purchase money, and he did so Sept. 27,1875. On Oct. 8, 1875, Spinney agreed to sell the whole of the premises to one Torrey, on the same day, the Cleavers agreed to convey the whole of the premises to the defendants. On Nov. 27, 1875, the Cleavers filed a bill in equity for specific performance against Spinney and Torrey, and it was decreed, May 5, 1879, by the supreme court, that Spinney purchased the property in trust for plaintiffs to hold as tenants in common, that the legal title vested in Spinney, the Cleavers to pay two-thirds of the sum bid at sheriff’s sale, and the bill was dismissed as to Torrey. On Feb. 13, 1878, before the bill in equity was appealed to the supreme court, Spinney tendered a deed to the Cleavers for two-thirds of the premises, demanding two-thirds of the purchase money, and notifying them that, on non-acceptance of the deed and nonpayment of the purchase money, he would consider himself relieved of the trust. On May 21, 1879, another similar deed and tender was made. On the trial of this suit, a deed from Spinney to Torrey, dated March 8, 1878, was given in evidence ; also proceedings on a judgment against Torrey, begun June 3, 1879, resulting in a United States marshall’s sale, showing the property was sold to the defendants, and a marshall’s deed dated Sept. 5, 1879, to the same. Plaintiffs claimed that there was no termination of the trust by failure to pay purchase money, that the purchase money was due to the party who paid it, and not to Torrey. The court gave binding instruction for the defendants. Held, not to be error.</p>