Lance v. Gorman

Citations

• 136 Pa. 200
• 20 A. 792
• 1890 Pa. LEXIS 1023

Syllabus

<p>1. Though a judgment creditor is not a purchaser within the recording acts, a purchaser of land under his judgment has all the qualities of one, by relation, from the date of the lien, and Ms title is paramount to all conveyances and encumbrances subsequent thereto: Woods v. Far-mere, 7 W. 382.</p> <p>2. Wherefore, it is incumbent on one who alleges a resulting trust in his favor, antedating the entry of the judgment under which the sheriff has sold the legal title to land, to show that the purchaser at the sheriff’s sale had notice, actual or constructive, of the equitable title or resulting trust, at the time he bought. .</p> <p>3. The possession of property, in person or by tenants, is notice of title in every form; but, when one who is in possession has placed on record a particular title, consistent with that possession, the registry thereof will restrict the generality of notice from possession, narrowing it to specific notice of that particular title.*</p> <p>(а) Land paid for with money of a wife, was conveyed by mistake to her husband. After the entry of judgments against him, the husband and wife .conveyed it to a third person, who then conveyed to the wife. These conveyances were dated and recorded the same day, and purported to be made for “ $100 and divers other good considerations.”</p> <p>(б) At a sheriff’s sale of the land as the property of the husband, subsequently held under the judgments aforesaid, the-wife gave written notice to bidders that the land was her sole and separate property, and that the sale would not pass title. Her tenants were in possession at and before the date of the sale:</p> <p>4. The written notice being silent as to the fact that the wife’s title antedated the judgments, and both that notice and the possession of the wife’s tenants being consistent with and referable to the recorded deed to the wife, neither of them was sufficient to put purchasers on inquiry as to a prior equitable title.</p>