195 Pa. 325 | Pa. | 1900
Plaintiff conveyed to defendant by deed absolute, duly acknowledged and recorded, and now files this bill for an account and reconveyance, on the ground that the deed was really upon a trust that defendant would apply the royalties from the land conveyed, to the repayment of plaintiff’s debt to her for money then due and for such as she might thereafter pay as surety.
This transaction viewed, even as plaintiff himself presents it, was clearly a parol defeasance which the Act of June 8, 1881, P. L. 84, made ineffectual to reduce a deed absolute to a mortgage.
But appellant now seeks to prevail by the establishment of a trust ex maleficio arising, from a breach of the confidence, on the faith of which the conveyance was made, and the fraudulent
Decree affirmed.