Tuit v. Smith

Citations

• 137 Pa. 35
• 26 W.N.C. 563
• 20 A. 579
• 1890 Pa. LEXIS 947

Syllabus

<p>(a) The defendant in ejectment showed title to the property in dispute by proof of a written contract, testamentaiy in form, executed by the plaintiff’s grantor in 1884, that he had been put into possession under s'aid contract, and that on his part he had substantially performed all its terms: See Smith v. Tuit, 127 Pa. 341:</p> <p>i. The plaintiff, holding directly from the same grantor under a deed executed in August, 1885, and showing no facts which would have authorized his grantor, herself, to rescind the contract contained in the testamentary writing under which the defendant went into possession, was not entitled to recover.</p>