Carroll v. Miner

Citations

• 7 Pa. Super. 467
• 1898 Pa. Super. LEXIS 325

Syllabus

<p>Deeds — Rules of construction, as to limitations and descriptions.</p> <p>The limitations in a conveyance are always matters of law. What lands are described are often matters of fact. The operation of the deed as to the nature of the estate is for judicial construction ; the description of the property, its extent, often is a mixed question of law and fact.</p> <p>Execution — Ambiguous levy — Construction—Question for jury.</p> <p>AVhere matters of description are controlled by the call for buildings which are to be erected as monuments, it must be presumed that the sheriff intended to levy and did levy upon a,11 the land upon which the buildings actually stand; whether more land was included in the levy must be left to the jury to consider under all the evidence taken in connection with the description.</p> <p>AVhen, taking the description as a whole, there is a seeming contradiction, v'hen attempt is made to apply it to the land, and when the question arises whether the levy was upon three distinct and separate lots, or upon three contiguous lots the question is one properly for the jury.</p>