M'Farland v. Hall
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Mleghany county. This was an ejectment brought by William Hall, the defendant in error, against the plaintiff in error, Andrew M’Farland, for two acres of land. The defendan t below claimed the land as a parol grant from the plaintiff’s father in consideration of horse-shoeing; and contended for a conditional line, by which the father agreed the land should be bounded.
Read the full summary
WRIT of error to the court of common pleas of Mleghany county. This was an ejectment brought by William Hall, the defendant in error, against the plaintiff in error, Andrew M’Farland, for two acres of land. The defendan t below claimed the land as a parol grant from the plaintiff’s father in consideration of horse-shoeing; and contended for a conditional line, by which the father agreed the land should be bounded. There was no dispute as to these facts; but there was no evidence of possession by the defendant in pursuance of the verbal agreement. Verdict and judgment were rendered for the…
1Per curiam
It is conceded that there was no delivery of possession under the contract; and it is therefore in effect conceded that there was no part execution of the contract to take it out of the stat-, me of frauds.
Judgment affirmed.
2Cited by2 opinions
- M'Kee v. PhillipsSupreme Court of Pennsylvania · 1839
- Allen's EstateSupreme Court of Pennsylvania · 1841