153 Pa. 411 | Pa. | 1893
Opinion by
The learned counsel for the appellant, with entire frankness, concede that upon the facts found by the master the plaintiffs are entitled to a remedy, and they admit further that equity has jurisdiction in a case of this kind if the facts warrant relief. They also agree that the case of Eberly v. Lehman, 100 Pa. 542, expressly rules that a mechanic’s lien can be filed against an equitable title, and that a sale on a judgment thereunder, against the equitable owner, will enable the purchaser to bring ejectment against the legal owner in possession. They contend that there can be no recovery in this proceeding because of the equitable rules that he who seeks equity must do equity, and that equity will not aid one who is guilty of laches. As to the latter of these objections, when the character and order of the facts are considered, it does not seem to us that the charge of laches can be sustained. The agreement of sale by the Freehold Bank to Mrs. Oates, of the lot in question, was made in March, 1886, the contract of Mrs. Oates with Abdiel McClure for the construction of the houses was made
The other objection to a recovery, that he who seeks equity must do equity, is disposed of by the findings of the master. He found upon competent testimony, and the admissions of the appellant in his answer, that Mrs. Oates acquired an equitable title in fee simple to the lot, under her agreement with the bank, and that any objection to her coverture and consequent want of mutuality was removed by the improvements made by her on the lot; that the bank had waived strict performance of the contract, and never attempted to work a forfeiture; that neither the cancellation executed by Mrs. Oates across the face of the contract nor the return of the money paid by her from the Freehold Bank operated to divest the equitable estate held by her under the contract of sale; that the defendant took title from the bank with notice of the rights of Mrs. Oates and therefore only took the legal title which remained in the bank; that McClure by his proceedings on his mechanic’s lien took the equitable title of Mrs. Oates which descended upon his death to his heirs at law; that as owner of the equitable title and rights of Mrs. Oates, Abdiel McClure and thereafter his heirs, became entitled to a deed for the said lot upon payment oi tender of the purchase money remaining due on the said lot;
An examination of the testimony shows that all of these findings, which were findings of fact, were fully warranted by the testimony. On the subject of Fairfield’s knowledge of Mrs. Oates’ title, of the work being done on the lot by McClure for her, and of a claim by him for his jvork prior to the time of his purchase from the bank, the evidence is full and entirely satisfactory. The legal conclusions expressed in the findings are scarcely impugned and cannot be resisted. That MeCure took the equitable title of Mrs. Oates as against the bank and that Fairfield took the legal title of the bank only, subject to the equitable title of Mrs. Oates and after her of McClure, are propositions which cannot be, and really are not, seriously disputed. In this situation it is clear that the equitable title could have been enforced against the bank, and we can see no good reason why it cannot be enforced against Fairfield, their successor to the legal title. Ejectment could not be brought because the heirs of McClure were in possession, and the only remaining remedy available to them was the present bill.
As to the decree regarding the interest of the wife, it perhaps could not be sustained, if it were not that the original contract was made, not with Fairfield, but with the bank, and that he came to their title by succession. It was therefore not a contract made by a married man, but like a contract made by a man when single, who afterwards marries' before deed made. The one third of the purchase money has been set aside by the decree to await the determination of the dower question, depending upon the survival of the husband or wife, and the reasons which control the courts in their ordinary holding that the whole of the money must be paid and the pur
The decree of the court below is affirmed, the appellant to pay the costs of the appeal.