Earle v. Wiley

Citations

• 245 Pa. 9
• 90 A. 1072
• 1914 Pa. LEXIS 820

Syllabus

<p>Real property — Contract of conveyance — Deed—Bill in equity— Fraud — Evidence.</p> <p>Upon the trial of an action in equity to require the delivery of a deed executed by defendant and placed in escrow, it appeared that the defendant, a man seventy years of age and of defective hearing, was the owner of a tract of land worth about $9,000, and was induced by the agent of the plaintiffs to execute a deed to the same to the plaintiffs, for the sum of $400; that such land had been conveyed to the defendant at a tax sale in 1876, and that another tract was conveyed to him at a similar sale in 1880; that the deed presented by plaintiffs’ agent to defendant for execution contained a description of the land acquired by defendant under the sale of 1876, but recited that the property conveyed was “the same piece of land deeded hy the treasurer of Cameron County said State in the year 1880”; that the defendant relying on the representation of plaintiffs’ agent executed the deed, under the impression that he was conveying land acquired under the sale of 1880, and that although plaintiffs, lived within seventy-five miles of defendant in Pennsylvania, they sent their agent to make the purchase from him while he was temporarily in another state, and when he did not have access to his deeds or title papers, from which he could have detected the error. The court dismissed the bill. Held, no error.</p>