Bersch v. Rust

Supreme Court of Pennsylvania May 17, 1915

Bersch v. Rust, 249 Pa. 512 (Pa. 1915)

95 A. 108; 1915 Pa. LEXIS 752

Brown, Frazer, Mestrezat, Potter, Stewart

Opinion of the Court

Per Curiam,

This bill was for the reconveyance of real estate. The court below held that the averment of fraud was not sufficiently specific to sustain the bill, and that the plaintiff had an adequate remedy at law against W. L. Raeder for any unpaid balance of the consideration money. For these reasons the bill was properly dismissed and the cause certified to the law side of the court.

Appeal dismissed at appellant’s costs.

Reference

Full Case Name: Bersch v. Rust, Trustee
Cited By: 6 cases
Status: Published
Syllabus: Equity—Deeds — Fraud—Bill to reconvey — Insufficient averments—Unpaid consideration—-Remedy at law—Attorney and client. 1. It is not fraudulent per se for an attorney to take a deed from his client. 2. A bill in equity to compel the reconveyance of certain real estate which had been conveyed by plaintiff to his attorney in payment for services and by him assigned for the benefit of his creditors, was properly dismissed where the fraud relied on as entitling plaintiff to relief was but an inference drawn from the fact that the real estate was worth more than the attorney’s services. 3. In such case if any part of the consideration money was unpaid the plaintiff had an adequate remedy at law.