Dill v. Westbrook

Citations

• 226 Pa. 217
• 75 A. 252
• 1910 Pa. LEXIS 740

Syllabus

<p>Statute of frauds — Gift—Real estate — Evidence.</p> <p>1. Where an attempt is made to set up a parol gift of real estate by a father to a son, the evidence to sustain the gift must be direct, positive, express and unambiguous. If not a single witness testifies that he was present when the gift was made, or that he heard it spoken of between the father and son, or brings the father and son together face to face with respect to the transaction, and there is nothing in evidence but loose declarations made by the father to the effect that he had turned over his property to his son, and that he himself had nothing to do with it, and there is no evidence that the son had made improvements on the property out of his own funds, the alleged gift will not be sustained.</p> <p>Statute of limitations — Adverse possession — Admission of title.</p> <p>2. If an occupant of land admits in writing that the land on which he lives belongs to another, it is a voluntary submission to the title of the other, and a surrender of any rights acquired by a prior possession. Nothing can more effectually interrupt the running of the statute than an express acknowledgment of the owner’s title.</p>