Gregory's Lessee v. Setter

JANUARY TERM, 1787. Gregory’s Lessee v. Setter. Evidence. Evidence admitted of declarations by a grantee, after the execution of the deed, that the.purchase was made partly with the money of another. Ejectment for a house and lot. The plaintiff's counsel offered to give parol evidence of the declaration of the grantee, 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. Wms. 111, 112; 2 Vent. 361; 1 Vern. 367; 5 Bac. 375; 2 W. Black. 1249, 1250. [MAJORITY — By the Court.] 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. The same point was determined in German ®. Gabbald, 3 Binn. 302.