Christy v. Barnhart
Supreme Court of Pennsylvania
Error to the Common Pleas of Butler county. This was an ejectment by Barnhart and others vs. Christy and the minor children of William Barnhart, deceased, for 100 acres of land. The plaintiffs claimed as heirs of Jacob Barnhart, and the defendants as heirs of William Barnhart, who was a son of Jacob. ■ Eifty-one acres and 102 perches of the land in dispute was admitted to have belonged to Jacob Barnhart, and was at one time a part of his old place.
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Error to the Common Pleas of Butler county. This was an ejectment by Barnhart and others vs. Christy and the minor children of William Barnhart, deceased, for 100 acres of land. The plaintiffs claimed as heirs of Jacob Barnhart, and the defendants as heirs of William Barnhart, who was a son of Jacob. ■ Eifty-one acres and 102 perches of the land in dispute was admitted to have belonged to Jacob Barnhart, and was at one time a part of his old place. This piece of 51 acres and 102 perches, was claimed by defendants as having been given by Jacob to William Barnhart, his son, by parol gift. That…
1Opinion of the Court
The opinion of the court was delivered, by
Bell, J.
— It is not to be disputed, at this time of day, that to *262withdraw a parol sale of lands from the blighting effects of the statute of frauds, there must be an open and absolute possession taken in pursuance of the contract, with a view to the performance of it. It is consequently a settled rule that a parol sale to a tenant in possession is within the statute, though his possession be after-wards continued, because there is no change of possession, in execution of the contract: Galbraith v. Galbraith, 5 Watts 146; Brawdy v. Brawdy, 7 Barr 16.…
2Cases cited1 opinion
- Galbreath v. GalbreathSupreme Court of Pennsylvania · 1836
3Cited by9 opinions
- Wright v. NultonSupreme Court of Pennsylvania · 1908
- Yarnall EstateSupreme Court of Pennsylvania · 1954
- Estate of Lena HartzellSuperior Court of Pennsylvania · 1934
- Giradot v. GiradotSupreme Court of Georgia · 1931
- Eccles v. KendrickMontana Supreme Court · 1927
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