Wingenroth v. Dellenbach

Citations

• 219 Pa. 536
• 69 A. 84
• 1908 Pa. LEXIS 618

Syllabus

<p>Equity — Jurisdiction—Remedy at law — Parol agreement to reconvey— Deed — Mortgage—Trust and trustees.</p> <p>Where a mortgagor in arrears for interest conveys the mortgaged premises to the mortgagee without any reservation in the deed, or other writing between the parties, and the mortgagee conveys the premises to a relative without consideration, and the mortgagor subsequently files a bill against the mortgagee and his grantee for a reconveyance on the; ground that when the deed was made there was a parol agreement that the mortgagee might redeem within a year on payment of principal and interest, and that she had offered to do so, the bill will be dismissed, because (1) under the Act of April 22, 1856, P. L. 532, no trust could be enforced, and (2) the plaintiff had an adequate remedy at law for the breach of the alleged parol agreement. Moran v. Munhall, 204 Pa. 242, distinguished.</p>