Nulton v. Nulton

Citations

• 247 Pa. 572
• 93 A. 630
• 1915 Pa. LEXIS 887

Syllabus

<p>Real property — Ejectment—Parol gift — Adverse possession — Evidence — Case for jury — Recording claim of title — Act of May SI, 1901, P. L. S52 — Laches—Estoppel.</p> <p>1. A gift of land by parol, accompanied by an actual entry and possession, manifests the intention of the donee to enter and take ¡as owner and not as tenant, and it equally proves an admission on the part of the donor that the possession is so taken.</p> <p>2. .Title by adverse possession is sufficiently proved to carry the case to the jury in an action of ejectment where there is evidence that plaintiffs’ father, under whom plaintiffs claim, entered upon the land under a parol gift from the record owner and for thirty-four years thereafter had open, notorious and exclusive possession thereof; that he made improvements on the land, resided thereon and paid taxes and insurance and that the donor recognized his title in describing the land in conveyances of other adjoining land and by verbal declarations against her own interest.</p> <p>3. The failure of one claiming title to land by adverse possession but not in possession thereof, to file and record a statement’ of his claim as required by the Act of May 31, 1901, P. L. 352, will not estop him or those claiming under him from maintaining an action of ejectment against a purchaser from the record owner or his heirs where it appears that such purchaser had actual or constructive notice of plaintiffs’ title. The act protects only a purchaser for value without notice.</p> <p>4. The failure of parties claiming title to land to bring an action of ejectment for nine years after the cause of action arose will not constitute such laches as to bar the action where it appears that one of plaintiffs, a minor, was prevented for more than seven years from bringing the action by the party under whom defendants claim and that the other plaintiff was absent from the jurisdiction and was not aware of his rights.</p>