Olfsheskey v. Graham

Citations

• 46 Pa. Super. 523
• 1911 Pa. Super. LEXIS 308

Syllabus

<p>Statute of frauds — Parol sale of land — Possession—Evidence.</p> <p>1. In order to take a parol contract for the sale of lands out of the operation of the statute of frauds, its terms must be shown by full, complete, satisfactory and indubitable proof. The evidence must define the boundaries and indicate the quantity of land. It must fix the amount of the consideration. It must establish the facts that possession was taken in pursuance of the contract, and at or immediately after the time it was made, the fact that the change of possession was notorious, and the fact that it has been exclusive, continuous and maintained, and it must show performance or part performance by the vendee which could not be compensated in damages and such as would make rescission inequitable and unjust.</p> <p>Deeds — Recitals—Vendor and vendee — No title.</p> <p>2. No title can be divested by a mere recital in a deed, or by any form of deed to which the holder of the title is not a party.</p> <p>3. Where an executor sells and conveys by deed timber on a tract of land, and the grantees cut the timber, and thereafter the executor conveys the same land to another person without reserving the timber, but reciting that the testator had sold the land in his lifetime by a verbal agreement to another person who had sold it to the grantee in the second deed, neither the omission to reserve the timber in the second deed, nor the recital therein will give the second grantee title to the timber as against the first grantee of the executor.</p>