59 A.2d 91 | Pa. | 1948
The plaintiff, a widow suing in her own right and as executrix of her husband's estate, filed this bill to enforce a secret trust against six defendants: the Bradys (plaintiff's daughter and son-in-law), Kneedler and Grammes, *425 to whom the Bradys conveyed, and the Arners (husband and wife) to whom Kneedler and Grammes conveyed. Defendants filed preliminary objections. The court sustained them as to all the defendants except the Bradys and directed that the bill be dismissed as against Kneedler, Grammes and the Arners. The plaintiff appeals.
The bill avers that plaintiff and her husband, being the owners of certain real estate in South Whitehall Township, Lehigh County, subject to a mortgage in default, conveyed it in 1935 to the mortgagee, Home Building Association. The residence was occupied by the plaintiffs and the Bradys. Plaintiff paid rent to the new owner. She alleges that they bought it back from the building association in October, 1941, for $4850 but took title in the names of the Bradys "who," in the words of the bill, "were to hold said title in trust for Complainant and her husband and orally agreed so to do." This deed was promptly recorded. On October 23, 1946, the Bradys conveyed the property to Harry O. Kneedler and Lloyd E. Grammes by a deed recorded. On November 6, 1946, they conveyed to the Arners by deed recorded. The plaintiff avers that after the Bradys conveyed to Kneedler and Grammes, but before Kneedler and Grammes conveyed to the Arners, plaintiff advised Kneedler and Grammes and the Arners "that the Bradys had no legal right to convey said premises to anyone but to the complainant and her husband." She also avers that none of the grantees made any inquiry of her concerning her title. She prayed that the Arners be restrained from disposing of or encumbering the premises; that they be conveyed to plaintiff; and for an accounting by Kneedler and Grammes.
Enough appears in the preliminary objections (Rule 48) to require the affirmance of the decree dismissing the bill as to the four defendants.
The deed to the Bradys was recorded and they were in possession; that fact makes it immaterial for present purposes that plaintiff and her husband also lived in the *426
same house with the Bradys. Neither Kneedler nor Grammes, when they bought from the Bradys, had any knowledge, actual or constructive, of the secret trust; they were bound by the recorded title and could rely on possession by the Bradys. Finding title and possession in one person relieved them from further inquiry on the premises. In Miners Savings Bank etc. v.Tracy,
In the circumstances, plaintiff has shown no right to enforce the secret trust against the defendants against whom the bill was dismissed.
Decree affirmed at appellant's costs.