Brock v. Atlantic Refining Co.

Citations

• 273 Pa. 76
• 116 A. 552
• 1922 Pa. LEXIS 521

Syllabus

<p>Deeds — Ancient deeds — Recitals—Evidence■—Building restrictions.</p> <p>1. While the general rule is that recitals in deeds are mere hearsay and inadmissible as against third persons who claim by a paramount title, there is an exception to the rule in the case of ancient deeds accompanied by possession, which are admissible as prima facie evidence, of the facts recited, even as against third persons.</p> <p>2. Where a deed dated in 1838 provided that “no building or part of a building or other obstruction shall ever at any time” be erected on the lot granted north of the present line of the building “then thereon erected,” and subsequent thereto, down to 1868, deeds in the line of title contained exactly the same provision, when a deed of 1871, and deeds thereafter to 1920 (when the building was torn down), changed the word “then” to “now,” the recital, as changed, was an admission that the restriction extended to the wall north of the building as it stood from 1871 to 1920, when tom down.</p> <p>3. In such ease, the restriction is violated by building on the lot a small frame building enclosing an engine, derrick and compression plant intended for use in the erection of an office building on tho lot in question and adjoining lots; and this is so although the frame building and its contents were but temporary in character and intended to be removed on the completion of the office building, it not appearing whether this would be months or years.</p>