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WHEATCROFT v. ALBERT COMPANY. (04/17/62)

April 17, 1962

WHEATCROFT, APPELLANT,
v.
ALBERT COMPANY.



Appeal, No. 252, Jan. T., 1961, from decree of Court of Common Pleas No. 4 of Philadelphia County, June T., 1959, No. 1754, in case of Raymond G. Wheatcroft and Norman M. Rosengarten v. Albert Company and William M. Lennox, Sheriff. Decree affirmed.

COUNSEL

Harry L. Rossi, with him Maurice M. Green, for appellants.

Robert K. Greenfield, with him Bernard M. Guth, and Folz, Bard, Kamsler, Goodis & Greenfield, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Jones

[ 407 Pa. Page 98]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

This appeal involves the ownership of 21 lots of land in a subdivision, known as "The Castor Highlands Subdivision", located in northeast Philadelphia.

On June 1, 1923 one Louis Green and Annie Green, his wife, sold a tract of land in northeast Philadelphia and title thereto was taken in the name of John F. Brown, Jr. (Brown). At that time Brown was an employee

[ 407 Pa. Page 99]

    in the office of Albert M. Greenfield & Co., now Albert Company (Albert). The tract of land was later subdivided into 1496 lots all of which were eventually sold with the exception of 21 lots. In the conveyance of all these lots Brown executed all the deeds, including a deed of conveyance of 943 of these lots to Oxford Realty Company (Oxford).

When Brown died, intestate, in 1927 these 21 lots were still recorded in his name. Surviving Brown were his father, who died in 1944, his mother, who died in 1949, and his wife, Winifred Brown, who died September 16, 1954. When Winifred Brown died she was survived by two nephews and a niece. Fifteen days after her death a deed purporting to convey a one-half interest*fn1 in the 21 lots was recorded. This deed was signed by Winifred Brown's heirs - her nephews and niece - and the grantees were Raymond Wheatcroft and Norman G. Rosengarten (Wheatcroft-Rosengarten).*fn2

Later on at a sheriff's sale for delinquent taxes, 9 of these lots were sold to one Donald Goldberg and Albert petitioned to redeem these lots claiming that it was the real owner.*fn3 After a hearing, the Court ...


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