Ackerman v. Fisher
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: No. 333, to January Term 1868. This was an action of ejectment, by Reuben Fisher and Mary his wife in her right, against George Ackerman and John Ackerman, for a messuage and lot of one acre and a half of land. The writ was issued June 13th 1865. After the suit had been commenced, Mrs. Fisher died, and her heirs were substituted.
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Error to the Court of Common Pleas of Northampton county: No. 333, to January Term 1868. This was an action of ejectment, by Reuben Fisher and Mary his wife in her right, against George Ackerman and John Ackerman, for a messuage and lot of one acre and a half of land. The writ was issued June 13th 1865. After the suit had been commenced, Mrs. Fisher died, and her heirs were substituted. The premises in question were part of 'a larger lot conveyed to George Ackerman April 4th 1859. To April Term 1862, the plaintiffs recovered a judgment against John Ackerman, and, alleging that John owned the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The alleged parol contract of sale, upon which the plaintiffs below founded their claim to recover in this case, was made, if made at all, between a father and a son. In such a case it has more than once been said that clearer and stronger evidence is required of the father’s intention to part with his dominion over, and ownership of, the property, than is required in eases of parol contracts between strangers in blood. This is because a parent and child do not commonly deal with each other as they deal with strangers. There is a mutual…
2Cited by20 opinions
- Brotman v. BrotmanSupreme Court of Pennsylvania · 1946
- Fahringer v. Strine EstateSupreme Court of Pennsylvania · 1966
- Wright v. NultonSupreme Court of Pennsylvania · 1908
- Rader v. KeiperSupreme Court of Pennsylvania · 1926
- Moffitt v. MoffittSupreme Court of Pennsylvania · 1940
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