Hardesty v. Richardson

Alvey, J., delivered the opinion of the Court. In all applications like the present the rule is certainly strict in requiring the most satisfactory evidence of the contract sought to be enforced. The proof must be clear, definite and conclusive as to the fact of the gift, and those acts done on the faith of it which render inequitable any attempt by the donor to avoid the gift. But where the proof is thus clear, and all other conditions are shown to exist to entitle the party to the assistance of a Court of equity, that Court will not hesitate to lend its aid, simply because the proof may rest entirely in parol.

Here the proof is definite and conclusive that the farm “Wilna” was purchased by Richard S. Hardesty, the father, for Richard C. Hardesty, the son, upon the latter’s selection. The farm was purchased with the distinct understanding that the son should at once take possession, hold and use it as his own ; the father repeatedly admitting and stating to divers persons, and as if he desired it to be so understood by every one, that he had purchased the farm for his son and had given it to him, and placed him in possession of it as exclusive owner. And in accordance with these admissions and statements by the father were the continuous pretensions and conduct of the son, from ⁶²² the time of his taking possession in the fall of 1864 to the time of his death in 1871. He was all the while in the exclusive possession and enjoyment of the farm, as his own.

It was assessed to him, and he paid all the taxes on it, from the time it was-purchased down to the time when the father sought to recover it by virtue of the legal title held by him. The buildings on the farm were insured by and in the name of the son ; and in obtaining the insurance the father made representations in reference to the ownership of the farm, which, when taken in connection with the other facts of the case, would seem to be quite conclusive against him. He introduced his son to the officers of the insurance company as an applicant for insurance, and in answer to a specific inquiry as to the ownership of the farm, he stated that he had purchased the farm for his son, and that as soon as some preliminary arrangements were made, he intended to make him a deed for it; that he had given him the farm. The preliminary arrangements referred to were, doubtless, the procuring the conveyance of the legal title from the Messrs.

Tyson, from whom the farm was purchased, and with whom there was some misunderstanding or controversy as to the quantity of land to be conveyed. Additional insurance was subsequently obtained, also upon the representations of the father, that his son had made extensive alterations_ and improvements in the dwelling-house, costing between $2500 and $3000 ; and it was upon these representations that the insurance officers acted, in receiving the applications signed by the son as owner, and issuing the pplicy to him in his name. What reason or motive could have prompted the father to make these representations, if they were not time? Indeed, the same question may be asked with reference to the many other statements of the same import, made to other persons who have testified distinctly and circumstantially to conversations with the father upon the subject.

It is hardly fair to suppose that he intended at the time to deceive either the son ⁶²³ or the public in regard to the matter. And not only was the son placed in the possession by the father, accompanied by the declarations that the farm had been purchased for and was given to him, but the proof is quite conclusive, indeed not at all controverted, that the son expended considerable sums of money in building, and repairing buildings, on the farm, and in improving the farm generally. This was all done with the knowledge and apparent full approbation of the father. From the circumstances under which the farm was purchased, the manner in which it was held and used by the son, and the amount of money expended in improving it, in connection with the representations of the father, the conclusion is irresistible that