Caldwell v. Caldwell
Superior Court of Pennsylvania
Appeal, No. 250, Oct. T., 1901, by plaintiff, from judgment of C. P. Clearfield Go., Feb. T., 1901, No. 9, on verdict for defendant in case of Ann S. Caldwell et al. v. James M. Caldwell. Ejectment for land in Lumber City. Before Gordon, P. ,J. At tbe trial it appeared that the plaintiffs were the widow and heirs at law of William Caldwell.
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Appeal, No. 250, Oct. T., 1901, by plaintiff, from judgment of C. P. Clearfield Go., Feb. T., 1901, No. 9, on verdict for defendant in case of Ann S. Caldwell et al. v. James M. Caldwell. Ejectment for land in Lumber City. Before Gordon, P. ,J. At tbe trial it appeared that the plaintiffs were the widow and heirs at law of William Caldwell. The defendant was the son of William Caldwell who took title to the land in question in 1885. Defendant claimed title under an alleged parol gift of the land from his father to himself in 1885. William Caldwell died in 1901. Other facts appear by the…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs are the widow and heirs of William Caldwell, deceased, and the defenant is his son. The plaintiffs claim under the legal title of the decedent, and the defendant claims under a parol gift. The first four assignments of error raise the question as to the sufficiency of the defendant’s evidence to warrant the submission of the case to the jury. Parol gifts of land when fully executed by delivery of possession followed by valuable improvements are valid in this state, notwithstanding the statute of frauds and perjuries, and this is so in the case of a gift…
2Cases cited3 opinions
- Wolf v. StudebakerSupreme Court of Pennsylvania · 1870
- Sower's v. WeaverSupreme Court of Pennsylvania · 1877
- Shirley v. ShirleySupreme Court of Pennsylvania · 1868
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