Way v. Haines

Citations

• 5 Sadler 13
• 8 A. 173
• 1887 Pa. LEXIS 549

Syllabus

<p>Mrs. H held a mortgage on her brother W’s land. Her husband, H, represented to W that Mrs. H was unhappy because the title to the property was in W, and was afraid that by some complication she would lose her money. H therefore urged W to convey the land to A, who was an uncle of W and Mrs. H, in trust for Mrs. H; and promised that if W wanted at any time the money he had invested in the property they would raise it and give it to him. Upon the faith of these representations, supposing the conveyance to he in trust for Mrs. H and anxious to relieve her mind, W executed the papers and afterward discovered that the conveyance was absolute. A conveyed to M. M mortgaged the property to S and conveyed to B. B conveyed to MeE, who was a bona fide purchaser for value without notice. W then filed a bill against H, Mrs. H, S, and B, setting forth the facts and praying discovery by S and B; a decree declaring H and Mrs. H trustees for W; and account and payment by H and Mrs. H. Held, that the bill could not be maintained.</p> <p>Note. — Where a bill asks for discovery and relief, and the complainant’s interest is denied by the answer, the right to the relief must be established before discovery can be granted. Portuondo v. Faunee, 9 W. N. O. 539; Campbell v. Knowles, 13 Phila. 163.</p>