Reilly v. Magee

Citations

• 272 Pa. 406
• 116 A. 310
• 1922 Pa. LEXIS 839

Syllabus

<p>Equity — Practice—Findings of fact — Appeals.</p> <p>1. Where there is evidence which sustains a chancellor’s findings of fact, the Supreme Court will not reverse except in clear cases.</p> <p>Vendor and vendee — Deed—Exchange of real estate — Reconveyance if settlement fails — Equity—Gloud on title.</p> <p>2. Where, pending consummation of an agreement for an ex- ' change of real estate, the deed from one of the parties is executed and recorded, it is the duty of the other to reconvey the property, if the settlement fails; but he is not required to do this until the former presents a deed of reconveyance.</p> <p>3. An agreement of exchange of properties, operates to vest in each of the respective grantees an equitable title to the property he is to receive, and, hence, if the exchange falls through and the agreement has been recorded, equity has jurisdiction to remove the cloud upon the title thus created.</p> <p>Practice, Equity — Pleadings—Proofs—Decree—Damages.</p> <p>4. A decree in equity must conform to the case as made out by the pleadings as well as by the proofs, and hence damages cannot be awarded unless claimed in the pleadings and the fact and extent thereof shown by the evidence.</p>