Salter v. Acker

Citations

• 62 Pa. Super. 207
• 1916 Pa. Super. LEXIS 389

Syllabus

<p>Partnership — Tenants in common — Deed—Liens—Distribution— Proceeds of real estate — Covenants in deed — Recital.</p> <p>In order to affect the title or possession of land it is not competent to show by parol that a deed to two persons as tenants in common was purchased and paid for by them as partners and was partnership property. Purchasers and creditors alike may rely upon the title to real estate as shown by the record, and having done so the law will not permit their rights acquired on the faith of the title as thus disclosed to be defeated by parol evidence.</p> <p>A recital clause in a deed cannot override and break down the clearly expressed covenants of title exhibited in that part of the deed where such covenants usually appear.</p> <p>Where a declaration of trust recites that a property was purchased with the funds of two individuals “trading as,” etc., “undertakers” and subsequently the declarant states “that he holds the legal title as trustee for himself” and for the other person named in the recital “in equal shares as tenants in common, the consideration for the conveyance above recited having been raised and paid by them equally,” and further covenants that he will upon request grant and convey to the other person named, his heirs and assigns, an equal one-half share of the real estate described, the real estate in question is not partnership property, but is held by tbe persons named as tenants in common, and an individual judgment against one of tbe persons, will not be postponed to a later judgment against the partnership.</p>