Storey v. Lonabaugh

Citations

• 247 Pa. 331
• 93 A. 481
• 1915 Pa. LEXIS 831

Syllabus

<p>Beal property — Title to land — Purchaser at sheriff sales — Besulting trust — Insufficient averments — Writ of possession — Act of April 20, 1905, P. L. 289.</p> <p>The grantee of the purchaser of land sold under a mortgage in foreclosure proceedings will be entitled to possession as against the mortgagor where it appears that the purchaser, who was a guardian of minors, took the mortgage as security for a debt owing to his ward’s estate, and whore although the mortgagor attempts to establish that such guardian took title to the land under an arrangement that upon payment of the mortgage debt the land should be reconyeyed to the mortgagor, he does not aver that the land was purchased at the sheriff’s sale with his money or that the guardian had obtained authority from the Orphans’ Court to make the agreement relied on, particularly where the agreement was not made with the guardian personally but with an attorney not averred to have been expressly authorized to enter into such an agreement, and where such facts appeared in a petition and answer filed under the Act of April 20, 1905, P. L. 239, the court did not err in refusing a jury trial.</p>