Stewart v. Stewart
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county. This was an action of ejectment for twelve acres of land, brought by Sarah Stewart, the defendant in error, against Robert Stewart and another, the plaintiffs in error. Title was admitted to have been in John Stewart deceased, the husband of'the plaintiff and father of the defendants below, for the whole tract of .which the ground in dispute is a part.
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WRIT of error to the court of common pleas of Alleghany county. This was an action of ejectment for twelve acres of land, brought by Sarah Stewart, the defendant in error, against Robert Stewart and another, the plaintiffs in error. Title was admitted to have been in John Stewart deceased, the husband of'the plaintiff and father of the defendants below, for the whole tract of .which the ground in dispute is a part. The plaintiff below then gave in evidence the will of John Stewart deceased, dated the 12th of February 1825, and proved the 3d of September 1825, by which he devised to the…
1Per curiam
The point in this case was decided in Eckert v. Mace, 3 Penns. Rep. 364, where it was expressly said that a parol gift to a son is as much affected by the statute of frauds, as if it were to a stranger; nor was it pretended in Eckert v. Eckert, Ibid., or in Syler v. Eckert, 3 Binn. 378, that such a gift would be valid, if not followed by improvements. To take a parol contract out of the statute, it is necessary not only that it be partly performed by delivery of the possession, but that it be on a valuable consideration paid or secured to be paid; or in the case of a gift, that there be an…
2Cited by8 opinions
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- Moore v. PiersonSupreme Court of Iowa · 1858
- Yarnall EstateSupreme Court of Pennsylvania · 1954
- Ballard v. WardSupreme Court of Pennsylvania · 1879
- Story v. BlackMontana Supreme Court · 1883
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