Miller v. Baker

Citations

• 166 Pa. 414
• 31 A. 121
• 1894 Pa. LEXIS 1036

Syllabus

<p>Husband and wife—Deed—Resulting trust—Possession of wife—Notices of trust—Act of April 22, 1856, sec. 6.</p> <p>Where a deed for land purchased by a -wife and paid for with her money, is made by mistake to her husband, who recognizes her title, no resulting trust arises which must be enforced by the wife against the husband within five years, under the act of April 22, 1856, P. L. 533.</p> <p>In such case, the possession by the husband and wife of the wife’s land is referable to her title and the marital relation, and his occupancy of it results from and accords with his relation to the owner, and it is not in any sense adverse to hers, nor, as between them, will the mere continuance of such occupancy for any space of time operate in equity or fry force of any statute as an extinguishment or bar to the assertion of her title.</p> <p>If the holder of a legal title, subject to a resulting trust, permits the cestui que trust to occupy and enjoy the land as owner, he can derive no benefit from the lapse of time.</p> <p>Purchasers of such property at a sheriff’s sale under a judgment against the husband with notice of the wife’s equity take no title as against the wife.</p> <p>A judgment creditor is not entitled to the protection of the purchaser of a legal title against an equitable owner, or his creditors, or to any advantage which his debtor had not.</p>