McGuire v. Gilbert

Opinion by

Linn, J.,

Plaintiff appeals from judgment for defendant in ejectment. The land is a lot 40 feet by 150 feet in Westmont, (formerly Upper Toder Township) Cambria County. In 1915, with other land, the lot was owned by Palliser. In that year he agreed to sell the lot to defendant, and, 1920, delivered to him a deed dated February 6 and recorded May 11. The agreement of sale was not offered in evidence, nor were its terms proved, though one witness stated defendant “was paying so much a month on the property.” For all that appears, title may not have been intended to pass to defendant,…