Pratt v. Darlington

Citations

• 17 Pa. Super. 231
• 1901 Pa. Super. LEXIS 290

Syllabus

<p>Trust and trustees — Resulting trust — Gonjidental relation — Gift.</p> <p>In an action by a sister against a brother to enforce an alleged trust, it appeared that the brother held a judgment against his sister’s land, which judgment followed a mortgage and preceded another judgment. Execution issued on the second judgment, but prior to the sheriff’s sale the defendant wrote to his sister as follows: “ I may attend the sale if it takes place for the purpose of preventing a sacrifice, but will be governed by my own judgment entirely as to the value of the property.” The defendant bought the property, resold it, and after paying his sister’s debts had a balance of $481. As to this balance he wrote, “ We have a balance of $481, which amount, by contributions from mother and others of ourfamily has been raised to $500. This amount we have invested at present at six per cent interest in our own names for thy benefit.” There was no other evidence written or parol, to establish a trust relation between plaintiff and defendant. Held, that plaintiff was not entitled to recover the balance representing the profit on the resale.</p>