Weisenberger v. Huebner

Citations

• 264 Pa. 316
• 107 A. 763
• 1919 Pa. LEXIS 644

Syllabus

<p>Specific performance — Sale of real estate — Statute of frauds— Contract — Two or more writings — Act March 21, 1772, 1 Sm. L. 889.</p> <p>1. A sale of real estate cannot he specifically enforced unless all the requisite facts in regard thereto are in writing, including the absolute identification of the property.</p> <p>2. The requisite facts may appear in two or more papers if from any of them or from any other writing it is shown they together form the contract of sale.</p> <p>3. The writing or writings must be signed by the real owner if his title is to be affected thereby.</p> <p>Judgment — Equity—Decree pro confesso against trustee — Effect upon equitable owner — Defense—Statute of frauds.</p> <p>4. A decree pro confesso against a dry trustee, who holds the legal title to land, does not prevent the owner of the equitable title from interposing the statute of frauds in opposition to the enforcement of the contract as against him or his land.</p> <p>Deeds — Delivery—Absolute—Conditional—Escrow.</p> <p>5. A deed cannot be delivered in escrow to the grantee named therein; such a delivery is absolute and not conditional.</p> <p>Trusts — Pleading—Proof.</p> <p>6. An alleged trust in order to be available to a litigant, must be both averred and admitted or proved.</p> <p>Equity — Answers to interrogatories — Pleadings — Evidence— Parties.</p> <p>7. Answers to interrogatories filed with a bill in equity are part of the pleadings, and cannot be offered or used as evidence against other defendants,</p>