Andrews v. Kissinger

Citations

• 60 Pa. Super. 599
• 1915 Pa. Super. LEXIS 252

Syllabus

<p>Deeds — Boundaries—Courses and distances — Monuments on the ground.</p> <p>In an action of ejectment where the deeds from a common owner to the plaintiff’s and defendant’s predecessors in title called for a line described as passing through the centre of a pump, and a subsequent survey showed that the call of the previous line in the deeds would not reach the “line through the centre of a pump,” the position of the pump controls, and if,at the trial it no longer exists, it may be shown that its location was on the line of a fence in existence at the time of the trial, and that such fence was on the “line through the centre of a pump.”</p> <p>The courses and distances in a deed give way to the boundaries found upon the ground, or supplied by proof of their former existence when marks or monuments are gone.</p> <p>In an action of ejectment where a monument, called for in the deeds of both parties, has disappeared and an ambiguity in the courses and distances has been discovered by a subsequent survey, parol evidence is admissible to show that all the owners since the common owner, except the plaintiff, had recognized a fence existing at the time of the trial as controlling the line of their several holdings, and such evidence should be conclusive as .to what was originally intended by the deeds from the common owner.</p> <p>In an action of ejectment where the court has instructed the jury adequately on the law as it covered the facts as presented, the defeated party cannot complain that the trial judge failed to present other matters, if it appears that such party did not present requests for specific instructions as to such matters.</p>