Sweeney v. Horn

Citations

• 190 Pa. 237
• 42 A. 709
• 1899 Pa. LEXIS 1011

Syllabus

<p>Equity— Conversion —Deed.</p> <p>Money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted; and this, in whatever manner the direction is given, whether by will, by contract, by marriage articles, by settlements or otherwise.</p> <p>Equity— Conversion — Mortgage—Ejectment.</p> <p>Where the owners of several mortgages unite in executing a deed of trust in which they recite that their purpose is “to realize on said mortgages,” and authorize the trustees to foreclose and if necessary buy in the land, and thereafter sell the land at public sale and divide the proceeds among the parties according to their interests, the interests of the beneficiaries in the land, after it is bought by the trustees, but before it is resold by them, are not subject to the lien of a judgment, and the purchaser of the interest of any one of them, as land, takes no title which is enforceable by an ejectment.</p> <p>Ejectment — Evidence—Amendment—Waiver.</p> <p>Where the court permits a party in an ejectment to amend his abstract of title so as to make admissible a writing not mentioned in the original abstract, and the opposite party does not plead surprise, but offers other untenable objections to the admission of the writings, the court will be justified in assuming that the surprise has been waived, and in proceeding with the trial.</p>