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Tozier v. Tozier, 437 A.2d 645

Facts

The dispute arose over a parcel of land known as the North Field, which was owned by Ozro and Ida Tozier. In 1953, Ozro promised his son Calvin that he could have the North Field, leading Calvin to build a house there in 1954. After Ozro's death in 1960, the property was conveyed to other children, but Calvin continued to live on the land. In 1976, Richard, another son, recorded a deed for the property and later attempted to oust Calvin from possession, leading to this legal action.

From the evidence adduced at trial, the jury could have found the following as fact: Ozro and Ida Tozier, the parents of both parties now before us, owned certain parcels of land located in Dayton.

Issue

Whether the evidence presented at trial was sufficient to sustain the jury's finding that the defendant was entitled to possession of the disputed land.

On appeal, the only issue the plaintiffs have raised is whether the evidence presented at trial was sufficient to sustain the finding by the jury that the defendant was entitled to possession of the disputed land.

Rule

The court applied the principle that a donee may enforce a gift of land accompanied by possession when the donee has made valuable improvements to the land in reliance upon the promise of the gift, rendering a revocation of the gift unjust.

Although this Court has previously alluded to the ability of a donee to enforce a gift of land accompanied by possession when the donee has been induced by the promise of the gift to make valuable improvements to the land of a permanent nature so as to render a revocation of the gift unjust, inequitable and a fraud upon the donee.

Analysis

The court found that Calvin's reliance on his father's promise and the substantial improvements he made to the property supported his claim to possession. The jury could reasonably conclude that Calvin believed he owned the land and that denying him possession after 25 years of improvements would be inequitable.

In the case at bar, the jury could have found that Calvin, in reliance upon the gift of land promised to him by his father, went into possession of the land in 1953 and built a house and outbuildings upon it.

Conclusion

The court modified the judgment to deny the plaintiff a writ of possession and affirmed the judgment as modified, holding that the defendant had a right to possession at least equal to that of the plaintiff.

Judgment modified, and as modified affirmed, and remanded with directions.

Who won?

Calvin Weymouth Tozier prevailed in the case because the court found that he had a right to possession based on the parol gift and the significant improvements he made to the property.

The Superior Court was correct to deny the plaintiff a writ of possession.

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