Fink v. Van Fossen

Citations

• 206 Pa. 362
• 55 A. 1054
• 1903 Pa. LEXIS 720

Syllabus

<p>Deeds — Evidence—Parol evidence.</p> <p>On a bill in equity to cancel a deed, it appeared that at the time the bill was filed both grantor and grantee were dead. The grantor was the uncle of the grantee, and survived the grantee several years. There was evidence offered as to conversations between the parties to the effect that the grantee was to support and maintain the grantor, but these conversations were not connected closely enough with the execution of the deed to make them part of the res gestae. There was evidence that the grantee in his last illness said to the grantor, “ I cannot live to fulfill my contract — you will have to take your property into your own hands.” It did not appear that the grantor took any steps to regain the property, and when he died it still stood in the grantee’s name. Held, that the evidence was insufficient to sustain a cancelation of the deed in favor of the heirs of the grantor.</p>