Inlow v. Christy

Citations

• 187 Pa. 186
• 40 A. 823
• 1898 Pa. LEXIS 788

Syllabus

<p>Trusts and trustees — Fraud—Laches—Act of April 22, 1856 — Equity.</p> <p>A brother advanced the purchase money for a tract of land and executed a declaration of trust by which he declared that he held the land for himself and his brothers and sisters, their respective shares to be conveyed to them upon payment of their portions of the purchase money. One of his sisters refused on demand to pay her share of the original purchase money, but executed to him a quitclaim deed for her share for $500. Within two years after the execution of the quitclaim deed she discovered, as she alleged, that the land was worth ten times the amount which she received for it, and that she had been defrauded by the fraudulent representations of her brother. Ten years afterwards, and six months after the death of her brother, the trustee, she filed a bill to have .her conveyance set aside. During these ten years she knew that the land was being developed for coal, but she never asserted her rights. Held, (1) that the complainant’s laches was a distinct affirmation of her conveyance ; (2) that there was nothing in the trust relation created by the declaration of trust which imposed upon the brother any greater burden in proving his contract, or which relieved his sister of any burden in rescinding it, than if it had been made between strangers; (3) that the complainant was barred by her laches and by the Act of April 22, 1856, P. L. 532.</p>