Rosa v. Hummel

Citations

• 252 Pa. 578
• 97 A. 942
• 1916 Pa. LEXIS 663

Syllabus

<p>Trusts — Resulting trusts — Judgment creditors of trustees — Act of June If, 1901, P. L. lf®5 — Construction.</p> <p>1. A judgment creditor is not entitled to tbe protection of a purchaser of the legal title against an equitable owner.</p> <p>2. The Act of June 4, 1901, P. L. 425, providing in effect that where a resulting trust shall arise with respect to real property by reason of the payment of the purchase-money by one person and the taking of the legal title in the name of another, such trust shall be void and of no effect as to bona fide judgment or other creditors, does not apply to those trusts which arise where a conveyance is made without any consideration, and it appears from the circumstances that the grantee was not intended to take beneficially.</p> <p>3. Where certain real estate was sold by the sheriff as the property of a debtor who had received a grant of the legal title without consideration, and had executed a -declaration of trust in favor of a third person, the equitable owner of the land was entitled to possession as against the sheriff’s vendee.</p>