Howell v. Mellon

Citations

• 169 Pa. 138
• 32 A. 450
• 1895 Pa. LEXIS 1081

Syllabus

<p>Parol sales of real estate — Parol partition — Evidence—Gharge of court upon testimony— Question for jury.</p> <p>A., by his last will and testament, devised the use of his farm to his widow, until the youngest child should become of age, and directed that it should then be sold. He gave to his widow the right to elect whether the sale should take place at the time designated by him or not until her death. She elected that it should remain unsold until her death. Nine children survived the testator, and they elected to take the farm as realty. Ejectment was brought by the children of J., one of the sons of the testator, who claimed title as the devisees of L., another of the sons of the testator. In support of their title the plaintiffs relied upon parol sales alleged to have been made in 1836 and 1837 by the children of the testator to their three brothers, J., L. and P., and a subsequent parol partition by which the land in controversy became the property of L., under whom they claimed to have the title. The defendants asserted title under J., the father of the plaintiffs, who claimed to be the owner of seven eighths of the land as heir at law, and as the vendee of six other heirs at law of the testator, and by whom conveyances of their title were made.</p> <p>The defendants had been in possession of the land claiming title for forty years, and plaintiffs were asserting an equitable title, of which the only evidence of a parol contract was to be gathered from the declarations of the parties to strangers, there being an entire absence of any proof of parol contract made between the plaintiffs and the other heirs for a purchase of their interest or shares in said land at an agreed price, except the interest of L., which was the undivided one eighth part, and the undivided one third of the shares of S. and M., two of the daughters of the testator, which became vested in L., whose title the plaintiffs held. There was also no direct proof of the parol partition, and