Frost v. Bush

Citations

• 195 Pa. 544
• 46 A. 80
• 1900 Pa. LEXIS 685

Syllabus

<p>Trusts and trustees—Resulting trust—Statute of limitations—Act of April 22, 1856, P. L. 532.</p> <p>Where it is alleged in a bill in equity to enforce a resulting trust as to realty, that the defendant being the executrix of her husband, entered into collusion with the holder of a mortgage against certain real estate of the decedent to foreclose it, for the purpose of defrauding a creditor of the decedent who held a judgment junior in lien to the mortgage, and vesting the title in the executrix in her own right, clear of this debt of her husband; and where in fact a sheriff’s sale was had on the mortgage, which divested the judgment without payment, the judgment creditor-having no notice of the sale, and title was made to the executrix by the mortgagee who purchased at the sheriff’s sale, the action to enforce the resulting trust must be brought within five years after the party defrauded with reasonable diligence might have discovered the fraud. The facts that the plaintiff knew of the sheriff’s sale shortly after it took place and that the defendant’s acts of ownership which followed it were open and notorious, were notice of the vesting of the title in her; and no action having been brought within five years of the time when with reasonable diligence the fraud could have been discovered it cannot be maintained.</p>