1 Watts 69
Decided September 15, 1832
Supreme Court of Pennsylvania · decided 1832-09-15
This was an action of ejectment brought by Henry Snively against Stephen Luce, for a tract of land in Butler county; upon the trial of which the defendant, in order to maintain the issue on his part, offered in evidence certain depositions to prove, that John, Samuel, David, and Robert Cunningham, heirs at law of James Cunningham deceased, having been tenants in common of certain lands, including that in dispute, had, by parol, appointed four individuals to make a division…
Decided 1832-09-15
¶1An unexecuted parol partition is void; and it is still parol when made by the intervention of agents, pursuant to a parol authority, though their act be evinced by a writing under seal. That can give it no additional authority; and the whole being irrelevant, and void, ought not to have gone to the jury.
¶2Judgment reversed, and a venire de novo awarded.