Gregory's Lessee v. Setter, 1 Dall. 193 (Pa. 1787)

Supreme Court of Pennsylvania:

January Term, 1787

Gregory's Lessee versus Setter.

Ejectment for a House and Lot.—The Plaintiff's Counsel offered to give parol evidence of the declaration of the Grantor made after the execution of a deed, and cited 2 Chan. Ca. 180 Gilb. For: ROm. 232. 233. 2 Atk. 71. 150.

It was opposed by the Defendant's counsel, who admitted that parol evidence might be given of a declaration made before, or at the time of the execution of the Deed; but contended, that it was not admissible to prove a declaration after; and they cited 1 Atk. 447. 520. 1 State Laws 462. 2 Ca. in Chan. 180. 1 P. Will. 111. 112. 2 Vent. 361. 1 Vern. 367. 5 Bac. 375. 2 Black. Rep. 1249. 1250.

By the Court:—In this case a deed was made of the house in question to Mrs Gregory in fee simple, and evidence is offered to prove, that the purchase was made with the money of her deceased husband, part of which belonged to his children, and that the purchase was for their and her use. If she acknowledged this fact at any time, it amounts to a confession against herself, which may certainly be given in evidence.

Let the witness be sworn.

Citation: Gregory's Lessee v. Setter, 1 Dall. 193, 1 U.S. 193 (Pa. 1787).

Last modified: August 2, 2014