Hart v. Carroll
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and November Term 1877, No. 265. Ejectment by Joseph Carroll against C. A. Hart and Elias Parshall, for a tract of about eighty acres, of land.
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Error to the Court of Common Pleas of Fayette county: Of October and November Term 1877, No. 265. Ejectment by Joseph Carroll against C. A. Hart and Elias Parshall, for a tract of about eighty acres, of land. Hart claimed title to the land by virtue of a parol sale, which, he alleged, took place in 1860, in pursuance of which he had taken possession of the tract, which was then wild and uncultivated, and had since remained in possession, clearing it and converting a considerable portion thereof into meadow and pasture lands. A portion of a steam distillery, belonging to defendant, was also…
1Opinion of the CourtJustice Woodward
In order to take a parol contract for the sale of lands out of the operation of the Statute of Frauds, its terms must be shown by full, complete, satisfactory and indubitable proof. The evidence must define the boundaries and indicate the quantity of the land. It must fix the amount of the consideration. It must establish the fact that possession was taken in pursuance of the contract, and at or immediately after the time it was made, the fact that the change of possession was notorious, and the fact that it has been exclusive, continuous and maintained. And it must show performance or part…
2Cases cited2 opinions
- Goucher v. MartinSupreme Court of Pennsylvania · 1839
- Wack v. SorberSupreme Court of Pennsylvania · 1837
3Cited by53 opinions
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Brotman v. BrotmanSupreme Court of Pennsylvania · 1946
- Wright v. NultonSupreme Court of Pennsylvania · 1908
- Rader v. KeiperSupreme Court of Pennsylvania · 1926
- Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
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