Lutz v. Matthews

Citations

• 37 Pa. Super. 354
• 1908 Pa. Super. LEXIS 290

Syllabus

<p>Trusts and trustees — Resulting trust — Deed—Presumption—Evidence.</p> <p>Where an owner of land conveys the same in payment of a debt, to a person named by the creditor, and the creditor takes from the grantee cash and a judgment note, no resulting trust in the land is created in the creditor by the transaction.</p> <p>A resulting trust of such a nature rests upon presumption merely, and is not one juris et de jure, and is open to rebuttal. It may be rebutted by evidence which satisfactorily shows that it was not the intention of either party that the beneficial interest should be in the party paying; in other words, the presumption will be overcome by proof that it is at variance with the intention or understanding of the parties.</p> <p>To establish a trust by parol the evidence must be full, clear and convincing. It is not enough that it satisfies a jury, it must also satisfy the mind and conscience of the court sitting as a chancellor reviewing thé testimony, and if it fails in this respect it must be withdrawn from the jury.</p> <p>Deed — Annulment—Cancellation—Rights of third parties.</p> <p>In general an estate once vested cannot be divested by mere annulment and cancellation of the deed. The cancellation is but the destruction of the evidence of the title, and not the annulment of the title itself. A fortiori it cannot extinguish rights of third persons that have accrued in the meantime.</p> <p>Deed — Recording—Notice.</p> <p>A deed not recorded within ninety days after its delivery may prevail against a later deed duly recorded, where the grantees are not purchasers for value, and have full notice of the former deed.</p> <p>Execution — Real estate — Possession—Possessory proceeding — Act of April 20, 1905, P. L. 239 — Statutes—Appeal—Local legislation — Constitutional law.</p> <p>The Act of April 20, 1905, P. L. 239, relating to possessory proceed-, ings to recover possession of real estate purchased at judicial sales, is a general act, and repeals the