Coleman v. Ruple

Citations

• 1 Monag. 294
• 17 A. 193
• 1889 Pa. LEXIS 1324

Syllabus

<p>On an application to open a judgment entered on-a penal bond for the purchase money of real estate, it appeared that the title to the land was originally in one Mylert, who, in 1862, granted to a steam railroad company, a right of way over the land in question. The deed for the right of way was recorded, and a plot of the land showing the right of way was also recorded. The railroad took possession and built a single track which was visible at the time of the conveyance from the plaintiff to the defendant. At the date of the indenture, a street railway company was in possession of the right of way. The deed from the plaintiff to the defendant contained a reservation of any right of way which might have been acquired by the street railway. The court below refused to open the judgment, on the ground that the defendant had at least constructive notice of the right of way. Held, not to be error.</p>