Alpern v. Coe

42 A.2d 542 (1945)

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Nature of the Case

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Facts

Alpern (P) sued Coe (Ds). P alleged that Coe purchased the property under circumstances that constituted fraud on the rights of P who was at that time also carrying on efforts to purchase the property. P alleged that Coe stood in a relationship of trust and confidence by whom he was employed. P alleged that Coe took title in the name of his sister, Marie Moody (D). P asked for a constructive trust in that Moody and her husband be declared trustees of the property for the benefit of P and that they be directed to convey the property to P. Coe was a resident of Allegheny Count where the suit was filed. The Moodys are residents of West Virginia. Coe was served personally with the complaint. Moodys contend that the relief sought was in personam as to them and that the Pennsylvania court lacked the power to summon them into court. This appeal resulted.