Tighe v. Smith

Citations

• 186 Pa. 82
• 40 A. 1135
• 1898 Pa. LEXIS 962

Syllabus

<p>Ejectment — Evidence—Mistake—Deed.</p> <p>In an action of ejectment it appeared that about fourteen years prior to the issuing of the writ, plaintiff conveyed the land in dispute to his mother, the consideration named in the deed being $2,000. Three years afterwards plaintiff’s mother conveyed the land to M. who, seven years thereafter, conveyed a life estate to plaintiff’s mother with remainder to defendant. Plaintiff claimed that by a mistake the land had been conveyed to his mother absolutely, whereas he had intended to convey only a life estate. The evidence showed that at the time the deed was executed the mistake was noticed, but that the grantee said that it would make no difference as the land would all go back to her son when she died. Declarations were also admitted in evidence made by M., the brother-in-law of plaintiff, and by Charles A. Smith, the real defendant, another brother-in-law, who claimed the land under his deceased wife. The declarations tended to support the plaintiff’s claim. The evidence as to whether any of the consideration had actually been paid was conflicting. There was also evidence that plaintiff at the time he executed the deed was insolvent, and that the property was incumbered. Held, (1) that the declarations of the grantee and of Charles A. Smith were properly admitted in evidence; (2) that a verdict and judgment for plaintiff should be sustained.</p>