Gumaer v. Barber

Citations

• 182 Pa. 31
• 37 A. 848
• 1897 Pa. LEXIS 766

Syllabus

<p>Ejectment — Trusts and trustees — Executors and administrators.</p> <p>In an action of ejectment it appeared that the land in controversy had been originally owned by B.; that before B.’s death his son, T., became the owner of the land, B. holding judgments which were a lien upon it; that after B.’s death, another judgment creditor of T. issued execution, and the land was advertised to be sold by the sheriff. The defendant offered testimony tending to show that certain of the heirs of B., wishing to retain the land in the family, entered into an agreement by which W., B.’s executor, was to bid in the land which was to be free from the lien of B.’s judgments in which all his heirs had an interest; and the interest of the heirs in the judgments was to be thereafter represented by the land; that the heirs agreed to furnish what money should be required in addition to the judgments, and W., B.’s executor, was to bid in the land. W. bought the land at the sheriff’s sale. The purchase money was furnished by P., one of B.’s children, and the title was made to W., who gave P. a receipt showing that the money had been furnished by P. solely, and not by W. or by B.’s estate. P. went into possession of the land, and continued in undisturbed possession for eight years, treating the land as the property of himself aud his brothers and sisters. He never paid rent to W., and he purchased at’private sale the interests of two of his brothers. Eight years after the sheriff’s sale W., as executor, sold the land at public sale to the plaintiff, who had notice of the interests of B.’s heirs. There was evidence that the motive which prompted W. to sell the land was resentment against one of B.’s sons. Held, (1) that if W. bought the land at the sheriff’s sale as executor, the land continued personalty for purposes of distribution under the will, and the plaintiff took a good title at the executor’s sale; (2) that if W. bought for the heirs with their money and judgments, in pursuance