Huber v. Crosland

Citations

• 140 Pa. 575
• 21 A. 404
• 1891 Pa. LEXIS 876

Syllabus

<p>(a) A grantor conveyed land to Ms mother, Catharine L. Crosland, “ with the reversions, remainders,” etc., for her support and maintenance: “ and should there bo any remainder thereafter, the same to revert to her legal heirs, subject to the will and pleasure of my father, John M. Crosland, in the premises, as may be by Mm defined hereafter.”</p> <p>(b) The deed constituted the father the grantee’s “ sole trustee and attorney in fact, during his natural life, with full power to sell, rent, lease and devise to third parties for and in her name, and also to receive and receipt for any and all moneys due to or to become due from said estate,” and to pay demands against the same:</p> <p>1. In such case, by said conveyance the entire beneficial interest in the premises was conveyed to the father and mother, and a sheriff’s sale of the land on a judgment obtained on a mortgage executed jointly by them, passed a good title in fee-simple to the purchasers, against the heirs at law of the mother.</p> <p>2. Creditors have rights as well as debtors; and creditors, each claiming the superior lien upon real estate sold at sheriff’s sale, may unite in purchasing the properly for their joint benefit, for the purpose of preventing subsequent litigation between themselves in the distribution of the proceeds.</p>