226 Pa. 217 | Pa. | 1910
Opinion by
This was an action of ejectment for certain undivided interests in two adjoining tracts of land containing together 564 acres, in Buffington township, Indiana county. All parties to the controversy claimed under and through Matthew Dill, who died in 1847. Plaintiffs are the children of George Dill, son of Matthew, to whom was devised a life estate in the land upon the death of the widow, with remainder, upon the death of both George and James Dill — the latter also a son of
In 1850, three years after the death of his father, George Dill instituted proceedings to perpetuate testimony in support of a claim he then made that his father had given him the land. The testimony of four witnesses, all since dead, was taken, and this testimony was offered and admitted on the trial of the present case. It was supplemented by the testimony of a single living witness. It will be sufficient to indicate briefly the facts appearing in the testimony which were relied upon to establish the gift. Benedict Marsh testified that he was the tenant on one of the tracts in dispute during the last few years of Matthew Dill’s life; that he had several interviews with him in regard to leasing the premises; that on the last occasion he found him sick in bed,.and when he made known his business the old man said, quoting the words of the
A verdict for the defendants on either ground set up could not have been sustained, and the case therefore called for binding instructions.
Judgment affirmed.