Peart v. Reedy

Citations

• 8 Pa. Super. 456
• 1898 Pa. Super. LEXIS 77

Syllabus

<p>Contracts — Family settlements favored.</p> <p>All compromises and settlements by families are maintained not only as beneficial to themselves but the law seeks to sustain them as conducing to peace and harmony where they ought most especially to exist.</p> <p>Contract — Family settlement— Consideration — Evidence of •payment-statute of limitation.</p> <p>Certain mortgages were given by defendant to his brothers and sisters in settlement and division of their father’s estate and, subsequently, by a parol family agreement it was agreed that a credit was to be allowed to defendant on each mortgage for services rendered to their father by defendant. Held, that if the agreement was made there was a good consideration ; that the credit was equivalent to a payment on the mortgage; that a bond showing payments under the alleged family settlement, to others of mortgagees was admissible as part of the res gestas; and that the statute of limitations did not apply inasmuch as it was not an agreement to pay but an acknowledgment of payment on account of the mortgage.</p>