Chisholm v. Thompson

Citations

• 233 Pa. 181
• 82 A. 67
• 1911 Pa. LEXIS 480

Syllabus

<p>Appeals — Assignments of error — Evidence—Exceptions.</p> <p>1. In an equity ease, assignments of error complaining of rulings on the evidence which fail to state where the testimony referred to can be found in- the paper-book, and assignments complaining of findings which fail to specifically show that an exception was taken and pressed in the court below, or, if taken, to indicate how finally disposed of, are defective and will be dismissed.</p> <p>Equity — Bill to quiet title — Title—Boundaries—Deeds—Description— Monuments — Courses and distances.</p> <p>2. Upon a bill to quiet title, to fix the line between two adjoining pieces of real estate, and to restrain the defendant from constructing a building, where both parties claim through common grantors and where the dispute is over the ownership of a strip of ground partly covered by a partition wall between the buildings on the respective lots and running of that width the entire depth of the properties, and where the grant to the defendants was several years prior to that of the plaintiff, the former’s property being described as “all that certain lot with the buildings thereon erected” and “having erected thereon a three-story brick store” and containing a given number of feet front sufficient to include the ground in dispute, and the latter’s property being described without fixed dimensions as bounded on the west by the lot of the defendants; and where the facts show that, although the wall in its original state belonged at first to the house erected on the plaintiff’s lot, for more than three-quarters of a century it had been used and treated as though belonging to the property of the defendants, a decree in favor of the defendants will not be disturbed.</p> <p>3. The particular mention of a building in the description of a lot conveyed may constitute a monument which will include all the ground covered by such building and fix the lines of the land. While monuments capable of being identified must always