Johnson & Johnson v. Shrawder

Citations

• 80 Pa. Super. 125
• 1922 Pa. Super. LEXIS 32

Syllabus

<p>Beal property — Title to land — Equitable adjustment — Parol agreement to sell — Failure of promisee to comply — Decree.</p> <p>A resulting trust is raised only from fraud in obtaining a title to real estate or from the payment of purchase money when the title is acquired. Such a trust can only arise from some fraudulent act by or through which the title has been obtained, or by the payment of the money of the alleged use party for the purchase of the property, at the time the conveyance is made.</p> <p>Where a purchaser at an orphans’ court sale agreed verbally to convey to the party in possession upon the reimbursement' by the latter of the expenses of the sale, etc., and the promisee fails to perform his part of the agreement and remains in possession for five years, during which time he pays nothing toward the property except the taxes and $25 on account, a decree in ejectment is properly entered against him.</p>