Collins v. Clough

Citations

• 222 Pa. 472
• 71 A. 1077
• 1909 Pa. LEXIS 898

Syllabus

<p>Land, law — Warrants—Surveys—Boundaries—Older and younger loot tions.</p> <p>When the true division line between two or more adjoining tracts alike claimed under original warrants, is the subject of dispute, and tha line once ascertained is a determining factor, the first thing to do is t ascertain, if possible, which of the two tracts was first located.</p> <p>Where in an ejectment the plaintiffs claim under one warrant and th< defendants under three warrants, and it appears that the returns of th< surveys fpr all the warrants were made on the same day and that the locations of the three surveys under which the defendants claimed called for the plaintiffs’ warrant on the northeast, while the location of the plaintiffs’ survey called for vacant land on its southwest boundary, the evidence is conclusive that the plaintiffs’ survey was earlier in time than the defendants’ survey, and there is no question of priority to submit to a jury.</p> <p>As the calls in surveys for trees and other objects indicating corners are conclusive with respect to such corners, so calls for adjoiners, as like declarations of the surveyor, that such adjoining tracts had been previously located, are equally conclusive of the facts declared.</p> <p>The survey of an independent, separate member of an established block of surveys, is to be located by the work of the surveyor found upon the ground, if it can be traced, that is, by its own marks and monuments, aided if need be by the legal presumption. Where admitted marks and monuments are found answering to the calls of the survey, they establish conclusively the location. If some only of these original marks and monuments can be found, it is entirely competent to show that others answering to the calls did at one time exist and where. If the testimony fails to supply them all, the legal presumption will supply those unaccounted for.</p> <p>It is only in the absence of original marks and monuments upon the ground, and thé total failure of e