Rankin v. Simpson
Supreme Court of Pennsylvania
Error, to the Common Pleas of Indiana county. This was an action of ejectment by Joseph Rankin and others v. Andrew Simpson, Senior, and Andrew Simpson, Junior, to recover the possession of a tract of land.
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Error, to the Common Pleas of Indiana county. This was an action of ejectment by Joseph Rankin and others v. Andrew Simpson, Senior, and Andrew Simpson, Junior, to recover the possession of a tract of land. The plaintiffs, who were minors, claimed as heirs of William Rankin, deceased, who derived title to the land through the will of his father, William Rankin. which was proved on 23d June, 1823. William Rankin, the father of the plaintiffs, died on 9th November, 1849, intestate. The defendants resisted the recovery, claiming under an alleged parol contract for the sale of the land by William…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
This is another case under the statute of frauds and perjuries, and many of the observations made in the case of Moore and wife v. Small, decided at the present term, are applicable here. The plaintiffs, having the legal title to the land, instituted this action of ejectment to recover the possession. The defendants resisted the plaintiffs’ right to recover on the ground that William Rankin, the father of the plaintiffs, in his lifetime, made a parol sale of the land to Andrew Simpson, in consideration of his moving on the farm and taking…
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