Salsbury v. Black

Citations

• 119 Pa. 200
• 13 A. 67
• 1888 Pa. LEXIS 542

Syllabus

<p>The defendant in an ejectment bought the land in dispute at sheriffs sale, under a verbal agreement with the plaintiff, as whose property it was sold and who had acquired title after the entry of the judgment from which the process issued, that he would buy for the plaintiff with the right to redeem within a period limited, the latter furnishing no portion of the purchase money: Held,</p> <p>1. That no trust resulting ex maleficio was created, and that the contract, resting in parol, was within the statute of frauds and unenforceable.</p> <p>2. That, even though the defendant admitted the right of the plaintiff to redeem within a limited period, equity would not enforce the right three years after the period expired, when in the meantime the property had been improved and was greatly increased in value.</p>