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· 1/2/1912

Collison v. Philadelphia Co.

Citations

  • 233 Pa. 350
  • 82 A. 474
  • 1912 Pa. LEXIS 829

Syllabus

<p>Deed — Construction—Interpretation by parties — Evidence.</p> <p>1. In construing a doubtful instrument the contemporaneous construction placed upon the instrument by the acts of the parties themselves will be adopted by the courts.</p> <p>2. Where the terms of a deed are doubtful the courts will adopt that construction which is most strongly against the grantor and in favor of the grantee.</p> <p>3. Where a deed conveying oil and gas with certain rights as to pipe lines, conduits and machinery in or on the grantor’s land, is ambiguous as to whether it includes the right to erect and maintain on the land a pumping station, the court will construe the instrument so as to give such a right to the grantee, if it appears that the latter erected a pumping station on the land and operated it for fourteen years without objection by the grantor.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart

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