Hollida v. Shoop

Le Grand, C. J., delivered the opinion of this court. The object of the bill- in this case is to quiet the title of the' appellant, and to restrain the execution of certain judgments-obtained against William Grove. It substantially alleges, that the complainant and Grove, in the year 1836, entered into an arrangement jointly to purchase of a certain Michael A. Finley, executor of Samuel Lynch, deceased, certain real estate; that Grove residing in the neighborhood of the lands intended to be purchased, the negotiations and transactions relating to the purchase were confided to him; and that the' contracts were made with Grove, the complainant being understood to be jointly interested in the same. The bill further avers, that Grove subsequently proving incapable and insufficient to advance his share of the purchase money, the' same was paid by complainant, and that on the 6th day of October 1846, Finley, the executor of Lynch, and Grove and wife, executed and delivered to him a deed in fee for the land purchased of Finley.

It is also averred, that the defendants, having judgments against Grove, have caused executions to issue thereon, and to be levied on the land purchased of Finley and conveyed by him, Grove and wife, to complainant. The prayer of the bill is, that the sale of the land may be restrained and title of complainant decreed to be good and-quieted, and for general relief. ⁴⁷³ The defendants severally answered the bill. The answer ofEnswinger, which, so far as its averments and denials are concerned, is adopted by the defendant Dillinger, denies that the complainant and Grove purchased the land jointly, and insists that Grove was bound to pay the whole of the purchase money. It denies that the whole purchase money, or the pretended share of Grove, was advanced by complainant.

The answer also further avers, that Grove purchased of Finley, in two purchases made in 1836 and 1840, four hundred and fifty acres of land, for the sum of $9027, and that in the year 1842, Grove sold to Stephen Butterbaugh two hundred acres of said land, for the sum of $6000; that Grove not having the legal title to the land, Finley joined with Grove and wife in the deed to Butterbaugh. It is also stated that the $6000, the consideration in Butterbaugh’s deed, were paid to Finley on account of the entire purchase of the four hundred and fifty acres. Adam Shoop and Israel Knodle disclaim all interest in the proceeding, alleging that they have assigned their judgments to persons at whose instance executions have issued. The proceedings show that the sales were made by Finley to Grove, and reported to and conSrmed by the orphans court as sales made to Grove; and also that Grove gave his single hills for a part of the purchase money, on which suits were brought in Washington county court, and for which four several judgments were obtained.

To sustain the case made by the bill William Grove was examined. He testified in substance, that the purchases were made in his own name, and that complainant was not named in the transaction, but that it was agreed between them the complainant should furnish the money, which he did. The depositions of Grove assigns various reasons why the transaction was conducted in his name without reference to complainant, the principal of which is that he lived near the land, whilst the complainant resided in Virginia. On this state of case we are of opinion the complainant is not entitled to the relief he asks, except as to the judgment ⁴⁷⁴ of Enswinger, which is subsequent in its rendition to the date of the deed of Finley, and Grove and wife, to Hollida.

We do not deem it important to inquire whether the testimony of Grove is supported by the circumstances attending the sales made by Finley, and ratified by the orphans court of Washington- county, as made to Grove alone. It is clear from the evidence, that the $6000 paid by Butterbaugh for a portion of the land were paid to Finley, in part payment of the original purchase money; and also that Grove