Seichrist's Appeal

Citations

• 66 Pa. 237
• 1871 Pa. LEXIS 20

Syllabus

<p>1. Z. bought a lot of M. by articles, took possession and made improvements ; being unable to make the payments, he sold part to S. by parol, the division line being fixed by them. M. with the consent of Z. made the deed for the whole to S., he agreeing with Z. to hold the other part in trust for Z. and convey to him on his paying his share of the purchase-money. Z. continued in possession of his part according to a line accurately located, and made improvements. S. refused to convey. Held, that he held in trust for Z. and could be compelled to convey; Held, also, that the case was not within the 4th section of Act of April 22d 1856.</p> <p>2. The Act of 1856 destroys all parol trusts by contract.</p> <p>3. This trust arose by implication and construction of law and is within the proviso of the 4th section.</p> <p>4. A trust arising from the fraud of the holder of the title is one by operation of law.</p> <p>5. Where one procures a title which he could not have obtained except by a confidence reposed in him and abuses the confidence, he becomes a trustee ex maleficio.</p>