Kern v. Howell

Citations

• 180 Pa. 315
• 36 A. 872
• 1897 Pa. LEXIS 923

Syllabus

<p>Vendor and vendee — Deed—Delivery of deed.</p> <p>The signing, attestation and acknowledgment of a deed by the grantor and the recording of it raise a presumption of delivery which even declarations of the grantor that the deed was not delivered will not overcome.</p> <p>Deed — Possession—Trust and trustee— Statute of limitations — Parent and child.</p> <p>The possession of real estate by a vendor after the execution and delivery of a deed therefor is in trust for the vendee, and the statute of limitations will not begin to run until the vendor asserts an adverse holding by some unequivocal act brought to the knowledge of the vendee. This well established rule applies with special force to transactions between father and son.</p> <p>Vendor and vendee — Parent and child — Advancement—Presumption— liesuiting trust.</p> <p>If a parent purchase land in the name of his son it will prima facie be deemed an advancement, so as to rebut the presumption of a resulting trust for the parent.</p> <p>Ejectment — Evidence—Prima facie title — Presumption—Parent and child.</p> <p>In an action of ejectment by a son against a tenant of his father’s executors and trustees, it appeared that the plaintiff had a deed for the land from a firm which had been heavily indebted to the father, and which, by the father’s direction, had, in part payment of the debt, conveyed the property in controversy to the plaintiff. Another son who was a member of the firm testified that before the deed was made his father had said that he wanted to give the property to the plaintiff. He also testified that in subsequent conversations with his father in reference to the latter’s will, his father had told him that he had provided for plaintiff by means of the property in controversy and other property, the title to which had been directly conveyed to plaintiff. The deed was recorded almost immediately after it was made, and the plaintiff left it with his father for safe keeping. The firm collected some of t