24 Pa. Super. 230 | Pa. Super. Ct. | 1904
Opinion by
The plaintiffs are the widow and heirs of William Caldwell, deceased, and the defenant is his son. The plaintiffs claim under the legal title of the decedent, and the defendant claims under a parol gift. The first four assignments of error raise the question as to the sufficiency of the defendant’s evidence to warrant the submission of the case to the jury. Parol gifts of land when fully executed by delivery of possession followed by valuable improvements are valid in this state, notwithstanding the statute of frauds and perjuries, and this is so in the case of a gift from parent to child, as well as between strangers. Such gifts must be established by clear, complete, satisfactory, and indubitable proof. This was defined in Hart v. Carroll, 85 Pa. 408, to be such proof as is credible, and of such weight and directness as to make out the facts alleged beyond doubt, and, in the case of a gift from a parent to a child, the parties must be brought face to face at the making or rehearsal of the gift. The rule as to the character of evidence necessary to sustain a parol sale of land controls as far as applicable in the case of a parol gift. Where the property is clearly designated, exclusive possession taken and continued, and improvements made of such a character as to render compensation impossible or difficult, the contract is not subject to the operation of the statute. This is particularly so where the possession has been
No question of identification of the land or price or terms of payment arise in the case. A gift is a contract executed by acceptance, and acceptance will be presumed where the gift is wholly beneficial to the donee. Nor is there any dispute that possession was taken immediately after the delivery of the deed by Ferguson, and that that possession was open, notorious, continuous and exclusive. We think the defendant has brought himself within the exception to the application .of the statute in view of the lapse of time, the fact that the decedent made no claim upon the land in his lifetime, and that the defendant made improvements exceeding in value the amount paid for the farm. It is further to be considered that the mouth of the defendant is closed. A case is here presented to which the language of Judge Gordon in Sower’s Admr. v. Weaver, supra,
The fifth assignment of error is not sustained. In connection with the other evidence in the case, evidence of the declarations of William Caldwell were admissible: Shirley v. Shirley, 59 Pa. 267; Wolf v. Studebaker, 65 Pa. 459.
From all of the evidence, we cannot say that the court was in error in submitting the case to the jury, or in directing a verdict for the defendant on the point reserved.
The judgment is affirmed.