117 Pa. 77 | Pa. | 1887
Opinion,
In the case of Shellhammer v. Ashbaugh, 43 Pa. 24, we said: “ The rule is settled, therefore, that as between father and child the evidence of a gift or sale must be direct, positive, express and unambiguous ; that its terms must be clearly defined, and that all the acts necessary to its validity must have special reference to it and nothing else.”
In Moore v. Small, 19 Pa. on p. 468, Mr. Justice Woodward thus speaks of parol gifts of lands: “ A class of cases commonly called parol gifts from father to son is found in our books, the origin of which was in Syler v. Eckhart, 1 Binn. 378, very thoroughly reviewed by Judge Kennedy in Eckert v. Eckert, 3 P. & W. 362. The case'before .us belongs to this family. Now let it be observed that the legislature of Pennsylvania have made no provision either in the act of 1818, or that of 1834, or any other act of assembly, for the conveyance of title in pursuance of a parol gift of land......There is no such thing as the execution of a parol gift of lands under the statute of frauds, even between father and son. Gift is indeed a common law mode of assurance, but it is a contract executed......And if it be said that a son who goes upon land under a promise of a conveyance from Iris father, and expends his labor and money in making valuable improvements which cannot reasonably be compensated, is entitled to a decree of conveyance, it is because he is a purchaser for a valuable consideration......If the contract were ever made it must have had a time and place and terms, and it would be reasonable to expect a witness to speak of these; but declarations and confessions of the father have been so frequently received in evidence as proof of a contract, it is impossible to say they are unfit to go to the jury, but they should go, characterized by the
The foregoing are but a portion of the utterances of this court upon the controlling question of the present case. They have not only never been questioned or impaired, but are the undoubted law of this commonwealth to-day, approved, sanctioned, justified by the ever recurring teachings of experience,, which constantly instruct us of their wisdom; and, demanded now, more than ever before, by reason of the enlarged competency of witnesses which permits the interested party himself to testify in his own favor in support of this most dubious, questionable, dangerous and vexatious title to real estate by parol gift. There could scarcely be conceived a more perfect illustration of the dangers of this species of title to land than is afforded by this case. It is entirely undisputed, indeed admitted by the plaintiff, that she knew that her mother was selling this very land as her own, and that the full price for it was paid, without the slightest effort on her part to prevent the sale, or to assert her own title or claim of title, in such a way as to make it manifest to the company that she really did claim the land. She says she told Schiffer, the defendant’s agent, that it was hers, that her mother gave it to her to build on, but this statement he most positively and emphatically denies, and says that he had never heard of her claim until a few weeks before the trial of the case. It is also entirely undisputed that she knew all about the original occupation of the land by the company, and their laying a track upon it, yet she made no claim for damages or sought in any maimer to prevent their occupancy or to assert her title to it. These vital facts are so entirely hostile to the idea of any real ownership of the land in the plaintiff, that they destroy any theory that the evidence in support of her title is indubitable: but there are many other facts in the case, entirely undisputed also, which demonstrate the utter lack of conformity of the plaintiff’s claim with the requirements of the decisions above quoted.
Thus, she is the only direct witness to the alleged gift of the land. Yet the story she, tells is so confused and uncertain as to the character of her title that it is impossible to determine whether it is a fee simple, a tenancy for. life, a tenancy at will
But, damaging as these facts are, there is another, far more serious and fatal to the truthfulness of her claim. Her husband, though living with her at that time and for many years before, and being entitled to his curtesy in the land, if it was hers, made no kind of claim of title either for her or himself to the land, but on the contrary entered into a written, sealed agreement with the company to deliver up the possession of the premises, within sixty days after notice to do so, and also to remove the buildings from the land. This agreement recites that “ the said J. Knowles is in possession of part of cer
It was testified by Schiffer and Evans that both Mr. and Mrs. Knowles were present when this paper was signed. It was also testified by Griffiths that Mrs. Knowles was present when Schiffer and Mrs. Evans were bargaining for the lot, and that Mrs. Evans said that she was the owner of both the lots, but that the back building was put up by Mr. Knowles. It was testified by Schiffer that Mrs. Knowles was present and took part in the conversation between himself and Mrs. Evans when they were contracting for the sale of the property to the company, that she wanted him to agree to give her mother $1,000 instead of $800 for the property, and that when he notified her they wanted possession, she refused to leave unless they would give her some money. Griffiths testified that both Mrs. Jenkins (plaintiff’s sister), and the plaintiff, said that Mrs. Evans owned the property. Many other facts' almost equally damaging were proved on the trial, but it is not necessary to review them.
It is no answer to say that the credibility of witnesses is for the jury, and that they may disbelieve the testimony if they see fit to do so. That argument will not avail in this.class of cases, for the question here is as to the character of the proof, because it is offered for the purpose of creating title to land by parol. It must conform to certain requirements, and if it does not, it will not suffice to create such a title, and of this the coru’t must judge. The evidence of a parol gift in this case is of the weakest and flimsiest character, far more so than in several of the cases cited- above, where the court below was reversed for not taking the case from the jury by a binding instruction. We are clearly of opinion that this is what should have been done in the present case, and we reverse the judgment for that reason. The defendant’s fourth point
Judgment reversed.