Holt v. McWilliams

Citations

• 21 Pa. Super. 137
• 1902 Pa. Super. LEXIS 323

Syllabus

<p>Vendor and vendee — Specific performance — Orphans' court — Acts of February 24, 1834, P. L. 70, and April 28, 1899, P. L. 157.</p> <p>On a petition for the specific performance of a parol contract by decedent to sell land to the petitioner, the testimony in the orphans’ court showed that the petitioner bought the land from the decedent and paid for it, and that a deed for a portion of it was made, at his request, to his daughter for a nominal consideration. It further showed that the decedent, while standing upon the land (which was enclosed by a fence and included an area of about three quarters of an acre), in the presence of the petitioner, stated to a witness in the cause, that he had sold the iot in question to the petitioner. Several other witnesses Were called proving declarations by the decedent that he had sold the lot to the petitioner, and showing further that the petitioner had for a period of years been in possession and had cultivated the land, and had made improvements thereon. It was further proven that the decedent directed the land to be assessed for taxation in the name of the petitioner, who paid the taxes, and that the petitioner aud an adjoining neighbor together constructed a line fence along the property. Held, that the evidence was sufficient to support a decree of specific performance.</p> <p>The fact that a purchaser of land has brought suit to recover a portion of the purchase money paid by him before a deed to him had been refused, will not prevent him from filing a bill in equity against the vendor for specific performance, and this is especially the case where he has discontinued his suit at law and paid the costs.</p>