216 Pa. 463 | Pa. | 1907
Opinion by
William K. Given, plaintiff in the original bill filed in this case, in the spring of 1901 conveyed to Sarah E. Sands certain real estate in the borough of Oakmont. The grantee, with her husband, J. D'. Sands, both of whom were made defend
Whether the. cross bill, could be sustained at all, depends on how we shall find the facts to be as to the matters averred in the original bill. If the-contention of the plaintiff in that bill be-correct, that the real estate was conveyed to Mrs. Sands on the trust that upon the- sale of it, she would reimburse herself for the -money she -had advanced, and if this was all of the trust, it would follow that the affirmative relief asked for in the cross bill had ¡no relation to the subject-matter of the original bill, did not grow out of it, and therefore could not be considered. The real inquiry must be as to what the terms of the trust ■ embraced.- The deed to Mrs. Sands was delivered to J. D. Sands, who throughout the whole transaction, down to -the making of the sale, acted for his wife. The terms of the trust were defined, or sought to be defined, in a certain letter- written by Sands, addressed to William K. Given, immediately upon the delivery of the deed. This letter reads as follows: “ I am in receipt from Mr. Frazer, of Morgantown, of a- deed to Mrs. Sarah E. Sands from you. I understand by this that I am to assume the note in bank and look after the property and-pay the taxes and keep up repairs and collect the rents, and if I can sell it for a price agreed upon by you, after everything has been equitably satisfied, you are to receive whatever’balance there may be. Of course, it is understood that out of the rents the interest on mortgage is to be paid. If this is the understanding, you will kindly notify the 'tenant, so that I may’be able to arrange with him and have the rent paid up. promptly. I will try to so handle it that there may not be-any sacrifice or loss to you.” Testimony was admitted
The case before us presents but one phase of the dispute between these parties, and our determination has regard to this one phase alone. Whether it is calculated to promote or prevent a just settlement in the end of the whole, we cannot tell. We take the case as it is presented. Applying to its facts the law, and interpreting the writing according to settled rules of construction, no other conclusion than that we have indicated is possible.
The decree of the court below is reversed; and it is now ordered, adjudged and decreed that Sarah E. Sands and J. D. Sands pay to the said William K. Given, plaintiff, the sum of $1,143.92, with interest thereon from the October 11, 1904, and pay the costs of this proceeding.