McHale v. Cullen

Citations

• 71 Pa. Super. 539
• 1919 Pa. Super. LEXIS 148

Syllabus

<p>Beal property — Trusts—Constructive trusts — Cotenants—Purchase at sheriff’s sale!</p> <p>A son of a cotenant and mortgagee, who purchases under foreclosure proceedings the property owned by his father in cotenancy, does not thereby become a constructive trustee for the other co-tenants, hut takes the property free and clear of their interests therein.</p> <p>Where there is no proof that the purchaser at the judicial sale acted as the agent of any of the cotenants or that the purchase money was furnished by any of them, he must he presumed to have acted in good faith, and on his own behalf, and the mere fact of his relationship to one of the cotenants, will not impeach the sale or create a constructive trust.</p>