Hyde-Murphy Co. v. Boyer

Citations

• 229 Pa. 7
• 77 A. 1092
• 1910 Pa. LEXIS 543

Syllabus

<p>Gift — -Beal estate — Parol gift of land — Parent and child — Statute of frauds.</p> <p>In a proceeding under the Act of April 20, 1905, P. L. 239, to recover possession of real estate purchased at a sheriff’s sale as the property of the claimant’s father, where it appears that the claimant’s father was the owner of the ground in dispute in 1891, that the claimant while living with his parents was permitted to occupy a small frame building on the land as an office for the practice of dentistry, and the evidence tends to show that in 1895 when claimant was about to be married, his father made him a parol gift of the ground and the small frame building on it as a wedding gift, that the father and son staked off the ground together, that in the same year the claimant contracted for the enlargement and alteration of the building, and after his marriage occupied it as a dwelling and office up to the time of suit, that the plaintiff in the execution did not begin the business relations with the father, from which arose his alleged right of recovery, till six years after claimant entered into possession of the land in question and there is evidence that the plaintiff in the execution then had express notice that the property did not belong to the father, the evidence is sufficient to warrant a finding by the jury that there was a parol gift to the claimant.</p>