Appeal, No. 144, April T., 1960, from decree of Court of Common Pleas of Westmoreland County, No. 2880, in equity, in case of Western Pennsylvania National Bank v. Virginia Bradish. Decree affirmed.
Myron W. Lamproplos, with him Richard A. Harwick, and Cassidy & Lamproplos, for appellant.
Melvin B. Bassi, with him Edgar P. Herrington, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Watkins, and Montgomery, JJ. (ervin, J., absent).
[ 194 Pa. Super. Page 127]
This appeal is from the decree of the Court of Common Pleas of Westmoreland County in which the court refused to impress an equitable lien on a certain piece of property.
On January 14, 1958, appellant, Western Pennsylvania National Bank, filed a complaint in equity against Virginia Bradish, seeking to impress a certain tract of land owned by her with an equitable lien in
[ 194 Pa. Super. Page 128]
favor of said bank in the sum of $3,500.00. At the hearing, the testimony of appellant disclosed that on February 15, 1954, Andrew Bradish, Jr., entered into a written agreement with Irene E. Gibson, attorney in fact for W. R. Scales et ux., for the sale of a certain tract of real estate situate in Rostraver Township, Westmoreland County. Said agreement of sale was duly recorded. Possession was taken under this agreement and the date of final consummation of the sale was left open with certain conditions not material to the disposition of this appeal. On July 14, 1956, on a Saturday morning, Andrew Bradish, Jr., applied to Thomas Malpass, Jr., manager of the Belle Vernon office of appellant bank, for a loan in the sum of $3,500.00 to close out the sale transaction hereinabove referred to. The bank made the loan to him on the same morning and took back as security a judgment note in the same amount executed by Andrew Bradish, Jr. alone.
The same day, Andrew Bradish, Jr., used the money to purchase the real estate from Irene E. Gibson, attorney in fact, title to which was taken in his name and that of his wife, Virginia Bradish. On July 16, 1956, the deed was duly recorded. On July 17, 1956, Andrew Bradish, Jr., was killed in an accident, leaving to survive him his widow, Virginia Bradish. The judgment note was not recorded until July 19, 1956.
The estate of Andrew Bradish, Jr., possessed assets in the appraised valuation of $9,127.69. Claim was made by the bank against the estate for $3,500.00 together with interest, and another claim was made for $4,200.00 due on a mortgage executed by deceased in November, 1955 on another piece of property. These payments were not made at the time of trial.
Two questions are raised for our consideration: (1) Is the bank entitled to an equitable lien against the real estate ...