Holmes v. Lamer

Citations

• 77 Pa. Super. 47
• 1921 Pa. Super. LEXIS 205

Syllabus

<p>Ejectment — Gifts—Gift of land — Parol gift — Parent and child —Evidence.</p> <p>In an action of ejectment, by tbe heirs of a decedent, who claimed the land under a parol gift of the decedent’s mother against her grantee by deed of a subsequent date, the evidence showed that in 1909 the decedent’s mother set apart about thirty acres of land and gave them to her son who entered into possession, cleared several acres, built a small house and outbuildings from lumber cut off the premises and dug a well, although his mother continued to farm about six acres of the tract, and sold part of the lumber during his occupancy. The decedent died in 1912 and his widow and children, the plaintiffs, removed from the place. Subsequently the mother rented the place to a tenant and by deed of April 19, 1918, conveyed the property in question to him. No evidence was produced that the defendant had actual notice of the alleged parol gift, nor was there constructive notice from the exclusive and continued possession by the deceased son.</p> <p>. Held, that there was no evidence giving the defendant actual or constructive notice of the alleged parol gift, prior to his purchase of. the land, and that binding instructions should have been given in his favor.</p>