Paschall v. Fels

Citations

• 207 Pa. 71
• 56 A. 320
• 1903 Pa. LEXIS 447

Syllabus

<p>Evidence—Witness—Party dead—Easement—Adverse possession—Deed —Act of May 23, 1887.</p> <p>A witness cannot make title in himself to a thing or contract in action by his own testimony of what occurred in the lifetime of his grantor that grantor being dead.</p> <p>Where a mother by a deed grants an easement in land to her daughter, and more than twenty-one years thereafter conveys the land without reference to the easement to another, and subsequently dies, and where in a proceeding between the daughter and the grantee in the second deed to determine the existence of the easement, the grantee offers evidence of the mother’s continuous and adverse use of the land without regard to the easement, and the daughter’s acquiescence in such use for more than twenty-one years prior to the mother’s death, the daughter and her husband are not competent witnesses to show use by the daughter of the easement granted to her during the period of twenty-one years.</p>