Arnold v. Pfoutz

Citations

• 117 Pa. 103
• 11 A. 871
• 1887 Pa. LEXIS 240

Syllabus

<p>1. Plaintiff, in an action of trespass quare clausum fregit, showed payment of purchase money by him under articles between the administrator of the owner of the legal title of the one part and plaintiff and another of the other part, but executed by the vendor and himself only, which sale after suit brought was confirmed to the plaintiff by the Orphans’ Court, and deed made accordingly: Held, that it was not error to admit in evidence of title the articles, the record of the Orphans’ Court proceedings, and the deed made in pursuance thereto.</p> <p>2. Plaintiff having shown title and that the trespass was committed within his lines, defendants introduced evidence to show that the lines of the official survey under which they claimed embraced the land in dispute, which plaintiff rebutted by evidence that the lines of the defendants’ survey as originally marked on the ground did not include the place of trespass: Held, that this rebuttal evidence was properly admitted.</p> <p>3. The defendants then offered to show that the lines proven in plaintiff’s rebuttal as the lines of the defendants’ survey, were not made in the location and were not monuments thereof, and that the lines as they claimed them had been repeatedly recognized by the plaintiff: Held, properly excluded as inadmissible in sur-rebuttal.</p>