Van Horne v. Clark

Citations

• 126 Pa. 411
• 17 A. 642
• 1889 Pa. LEXIS 889

Syllabus

<p>(a) In an action of ejectment the plaintiff claimed under a sheriff’s deed for the land in dispute sold as the property of the defendant’s father, then deceased. The defendant claimed under a deed from her lather, executed prior to the entry of the judgment on which the sheriff’s sale to the plaintiff was made, the consideration expressed therein being nominal.</p> <p>1. The defendant was a competent witness, notwithstanding the death of her grantor, to prove that the real consideration for the deed was her personal services rendered at the request of her father, under an express contract with him by which she was to he paid'therefor.</p> <p>2. Her deed offered in evidence described the tract conveyed by hut three courses and distances, and, though by a different tract number, as containing the same number of aeres as the land in dispute was described in the writ: such deed, with the testimony of witnesses identify the land conveyed with that in dispute, was properly admitted in evidence.</p> <p>3. The defendant having testified that at the time the deed was made her father agreed to allow her $1.7)0 per week for her services in taking care of him and her mother, and . that the deed was made in payment therefor, her testimony with that of other corroborating testimony was properly submitted to the jury.</p>