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PAUL HUBER v. JAMES A. WAGNER (02/13/81)

filed: February 13, 1981.

PAUL HUBER, HENRY WAGNER, RICHARD WAGNER, EARNEST CRICKS, WALTER WAGNER, ANDREW WAGNER AND LOUIS WAGNER, APPELLANTS,
v.
JAMES A. WAGNER, AMELIA C. WAGNER, BERNARD J. HUBER AND KATHRYN B. HUBER



No. 1127 October Term, 1979, Appeal from Order in the Court of Common Pleas of Potter County, Civil Division, No. 6 of 1978 - Equity.

COUNSEL

Charles P. Mackin, Jr., Coudersport, for appellants.

Daniel F. Glassmire, Coudersport, for James A. Wagner and Amelia C. Wagner, appellees.

Kathryn B. Huber, appellee, in pro. per.

Bernard J. Huber, appellee, in pro. per.

Hester, Montgomery and Cirillo, JJ.*fn*

Author: Per Curiam

[ 284 Pa. Super. Page 135]

This is an appeal from an order of the Court of Common Pleas of Potter County, dismissing appellants' complaint with prejudice.

Appellants, six adult individuals, filed a complaint in equity against appellees, four adult individuals, asserting the following: That by deed dated October, 1936, all appellants and appellees James A. Wagner and Bernard J. Huber purchased from John Compton, et ux., a certain parcel of land in Potter County. The deed, however, named only appellees Wagner and Huber grantees.

Appellants allege that the named grantees (i. e., appellees) were to act as trustees for the minor grantees (appellants herein). The complaint further alleges that in 1977, appellee Huber sold his interest to appellee Wagner and that appellants

[ 284 Pa. Super. Page 136]

    have reason to believe that appellees currently intend to sell the land or commit acts of waste thereon.

Appellees filed preliminary objections to this complaint in the nature of a demurrer and motion for more specific pleading. The court, while sustaining the objections, granted appellants leave to amend the complaint. In the amended complaint, appellants assert that a constructive trust arose in their favor because they each contributed $50.00 to the purchase price, the parties over the years agreed to leave the deed in appellees' names ...


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