Greenawalt v. Dixon

Citations

• 194 Pa. 363
• 45 A. 45
• 1900 Pa. LEXIS 393

Syllabus

<p>Equity — Fraud—Evidence—Findings of fact.</p> <p>On a bill in equity for the cancelation of an alleged fraudulent mortgage, the Supreme Court will not reverse a decree of the court of common pleas based on findings of fact establishing the fraud, where there is sufficient evidence to sustain the findings.</p> <p>Land in which G. had a life estate, with remainder to his children, was sold under judgment against G., and bought by the judgment creditor. D., who had been a friend of the family of G., and agent in renting property, got an agreement from the purchaser that, if he could sell his interest for $2,363, he should have $500 as his commission. D., without disclosing this, but pretending to be acting only as a friend of G., represented to G.’s children that he could save the property to (heir family by buying it of the creditor for $2,363, the least he would take, and that, if they would secure him, he would advance the money, and take the title ; he to have control of the property, and collect the rents, till fully paid, including a commission on rents received; he to convey to G., if payment was made before his death; otherwise to the children, if they paid the balance due. Held, that the children having given the security, and D., having paid the $2,363, less the $500 commission, was guilty of a fraud, and that, on payment by the children on the basis of the amount actually paid by D., they could have a surrender of the securities, and a conveyance of the properties.</p>