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PARNES v. HIBBS (11/11/59)

November 11, 1959

PARNES
v.
HIBBS, APPELLANT.



Appeals, Nos. 309 and 310, Oct. T., 1959, from judgments of Municipal Court of Philadelphia County, Dec. T., 1957, No. 688, in case of A. W. Parnes et al. v. Charles C. Hibbs. Judgments affirmed.

COUNSEL

Herman H. Greenberg, for appellant.

William T. Adis, for appellees.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Woodside

[ 191 Pa. Super. Page 57]

OPINION BY WOODSIDE, J.

This is an amicable Action to Quiet Title brought pursuant to Pa. R.C.P. 1061(b)(2) to determine whether the plaintiffs had valid liens on premises 333 Elwood Avenue, Philadelphia, Pa.

On September 1, 1944, the Metropolitan Life Insurance Company conveyed the premises to Max Polonsky and Rose Polonsky, his wife, trustees for Ida Polonsky. The trust provided that the trustee had the right to use and occupy or to rent the premises and to pay the income to themselves, and upon the death of the survivor title to the premises was to vest in Ida Polonsky, their daughter. The trustees or survivor had the right to mortgage or sell the premises at any time and to convey title to the purchaser free of all trusts and without liability on the part of the purchaser to see to the application of the purchase money.

The plaintiff, A. W. Parnes, obtained a judgment by confession on January 27, 1954, against Max Polonsky, Rose Polonsky and Ida Polonsky in the sum of $1068.75.

Rose Polonsky died on June 29, 1955. On October 19, 1955, the plaintiff, Meyer Schneider, obtained a judgment against Max Polonsky and Ida Polonsky in the sum of $1400. At that time, Max Polonsky was the surviving trustee having the same rights as he and Rose had jointly prior to her death.

Max Polonsky conveyed the premises to Robert Walsh on August 13, 1957. Walsh was a straw party for Charles C. Hibbs and, by agreement of the parties, Charles C. Hibbs was substituted as defendant for Walsh, who was originally named as defendant.

The case was tried without a jury. The trial judge found that the judgments of the plaintiffs were liens upon the defendant's real estate. After a motion for ...


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