Brewer v. Lohr

Citations

• 35 Pa. Super. 461
• 1908 Pa. Super. LEXIS 64

Syllabus

<p>Gift — Gift of land — Parent and child — Parol gift — Evidence.</p> <p>There is no marked distinction between the evidence required to establish a parol sale of land from a parent to a child, and that required to establish a parol gift from a parent to a child.</p> <p>As between such persons, the evidence of a gift or sale must be direct, positive, express and unambiguous, and its terms must be clearly defined, and all' the acts necessary to its validity must have special reference to it and nothing else. If the gift is in parol, it must be an unqualified parol gift, and there must be the taking and maintaining of exclusive possession thereunder, and the making of valuable improvements to the real estate.</p> <p>Ejectment — Verdict—Informal verdict — Practice, C. P.</p> <p>A verdict in ejectment, dated, taken in open court, and “for plaintiff, binding instructions,” although informal, is sufficient to support a judgment.</p>