Sower's v. Weaver
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: Of May Term 1877, No. 188. Ejectment by the administrator of George Sower against Henry Weaver for a tract of sixty-four acres of land. Weaver is the son-in-law of Sower. The case was originally tried January 26th 1876, and the verdict was for the defendant.
Read the full summary
Error to the Court of Common Pleas of York county: Of May Term 1877, No. 188. Ejectment by the administrator of George Sower against Henry Weaver for a tract of sixty-four acres of land. Weaver is the son-in-law of Sower. The case was originally tried January 26th 1876, and the verdict was for the defendant. A writ of error was taken by the plaintiff and the judgment of the lower court reversed (see report of case in 28 P. E. Smith 448). On the 26th of August 1876 George Sower made his will, wherein 'he appointed hip son John his executor. The testator died on the 6th of June 1876, and his…
1Opinion of the CourtJustice Gordon
That a parol gift, from a parent to a child, properly executed by possession and improvement, is valid, notwithstanding the Statute of Frauds arid Perjuries, will be found to be the settled law of this state *268since the case of Syler v. Eckhart, 1 Binn. 378. The question is generally one of execution. As in parol sales where the performance has been carried so far, or is of such a character as to make compensation difficult or impossible, the contract is exempted from the operation of the statute. Such will also be the case with a gift where, in pursuance thereof, possession has been taken and…
2Cases cited1 opinion
- Lessee of Syler v. EckhartSupreme Court of Pennsylvania · 1808
3Cited by11 opinions
- Allshouse's EstateSupreme Court of Pennsylvania · 1931
- Yarnall EstateSupreme Court of Pennsylvania · 1954
- Rarry Et Ux. v. Shimek Et Ux.Supreme Court of Pennsylvania · 1948
- Greenwich Coal & Coke Co. v. LearnSupreme Court of Pennsylvania · 1912
- Caldwell v. CaldwellSuperior Court of Pennsylvania · 1904
6 more not listed; retrieve them via the Exa API.