Allison v. Burns
Supreme Court of Pennsylvania
Error to the Court of Common Pleas .of Mifflin county: Of July Term, 1884, No. 2. Ejectment, by Elizabeth M. Allison' et al. against Albert C. Burns, to recover possession of a certain lot of ground in the township of Granville, Mifflin county, Pa.
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Error to the Court of Common Pleas .of Mifflin county: Of July Term, 1884, No. 2. Ejectment, by Elizabeth M. Allison' et al. against Albert C. Burns, to recover possession of a certain lot of ground in the township of Granville, Mifflin county, Pa. Both parties claimed through James Burns, deceased, the plaintiffs under his last will and testament, which was duly proved October 30, 1879, and the defendant under an alleged parol gift made by said Burns in 1867. On the trial, the following facts appeared: James Burns in his lifetime was the owner of a large tract of land in Mifflin county.…
1Opinion of the CourtJustice Clark
The plaintiffs in this ejectment claim the premises in dispute as residuary legatees, under the last will and testament of Gen. James Burns, deceased, probated 30th October, 1879. The defendant claims the same under an alleged parol gift, made by said Burns in the year 1867. As the defendant is the party praying interference of the chancellor, the burden of proof devolves upon him; to succeed, he must show a ease which in equity will entitle him to a decree for specific performance. In the trial of the cause, it was the duty of the court, if the evidence offered or adduced failed to make out…
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