Gernert v. Albert

Citations

• 160 Pa. 95
• 28 A. 576
• 1894 Pa. LEXIS 772

Syllabus

<p>Trustee — Mortgage—Scire facias — Affidavit of defence.</p> <p>A trustee who purchases land with trust funds as an investment for the •estate, may give a mortgage to secure the balance of the purchase money, ¡although he has no express power to incumber under the instrument by which the trust was created.</p> <p>It seems that a trustee, who is empowered to sell land and re-invest the proceeds in other real estate, may, upon such reinvestment, give a pur■chase money mortgage for a balance unpaid.</p>