Arthurs v. Wilson

Citations

• 40 Pa. Super. 604
• 1909 Pa. Super. LEXIS 646

Syllabus

<p>Land, law — Surveys—Boundaries—Instructions.</p> <p>1. On an issue to determine the location of a particular line of a survey it is reversible error to affirm without qualification a point which leaves out of view entirely one of the principal facts upon which the location of the tract in controversy is necessarily based; and this is the case although the court in its general charge has correctly laid down the law as to the controlling effects of the marks upon the ground, and of the courses and distances of a survey in the absence of the marks or of the evidence of their previous existence.</p> <p>2. The correct statement of the law in the general charge does not counteract the effect of the affirmance of an erroneous principle contained in a prayer for specific instructions or a point for charge.</p>