Huffnagle v. Blackburn

Citations

• 137 Pa. 633
• 20 A. 869
• 1890 Pa. LEXIS 1007

Syllabus

<p>1. Where recovery is sought in ejectment, on the ground that the defendant is a trustee ex maleficio for the plaintiff, under a purchase of the land as the plaintiff’s at a sheriff’s sale, if the plaintiff’s version of the agreement alleged be indefinite and the conduct of the parties more consistent with that of the defendant, the proof is insufficient to establish the trust.</p> <p>2. In such an action, if it be made to appear that before the suit was brought to enforce such trust, more than five years had elapsed after the plaintiff had notice that the parol agreement upon which his rights depended was repudiated by the defendant, the defendant’s title acquired by the sheriff’s sale will not be disturbed by proof of the agreement made at the sale: § 6, act of April 22, 1856, P. L. 533.</p>