Sower v. Weaver
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: Of May Term 1875, No. 78. This was an action of ejectment, brought April 2d 1873, by George Sower against Henry Weaver, for a tract of land in Washington township, containing about 64 acres. The defendant is the husband of Elizabeth, late Sower, a daughter of the plaintiff.
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Error to the Court of Common Pleas of York county: Of May Term 1875, No. 78. This was an action of ejectment, brought April 2d 1873, by George Sower against Henry Weaver, for a tract of land in Washington township, containing about 64 acres. The defendant is the husband of Elizabeth, late Sower, a daughter of the plaintiff. The cause was tried January 26th 1875, before Fisher, P. J. The plaintiff gave in evidence a patent from the Penns to George McMillan, dated December 6th 1871, for 193 acres in Washington township, York county. Deed: Enos McMillan and others, heirs of George McMillan, to…
1Opinion of the CourtJustice Sharswood
Had this case been tried below before the Act of 1869, and without the testimony of the defendant and his wife, there would have been literally no evidence to sustain the defence. There *448would have been nothing but a few vague declarations by the plaintiff, entirely consistent with a temporary family arrangement, by which the father built a house on his land and put his daughter and son-in-law in possession, to hold during his pleasure, and utterly insufficient to establish a parol gift.
Even the testimony of Weaver and his wife did not come up to the requirement of the rule that the evidence…
2Cited by9 opinions
- Estate of GrossmanSupreme Court of Pennsylvania · 1979
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Rarry Et Ux. v. Shimek Et Ux.Supreme Court of Pennsylvania · 1948
- Lukens v. Wharton Avenue Baptist ChurchSupreme Court of Pennsylvania · 1929
- Erie & W. V. R. Co. v. KnowlesSupreme Court of Pennsylvania · 1887
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