Dawson v. Coulter

Citations

• 262 Pa. 566
• 106 A. 187
• 1919 Pa. LEXIS 724

Syllabus

<p>Leases — Boundaries—Evidence—Oil and gas lease — Acreage— Recording leases — Declarations—Patent ambiguity.</p> <p>1. Evidence of tbe acreage of land in a deed or lease, especially where tbe number of acres is followed by tbe words “more or less,” has little weight as against specific boundaries; but where a doubt exists as to the actual location of tbe boundary and the writing contains no words to definitely fix tbe line of either metes and bounds jtr monuments on tbe ground, evidence of acreage becomes a material factor in the' determination of tbe intention of tbe parties as to tbe boundaries.</p> <p>2. One who claims title to property through another, regardless of the nature of the transaction, whether by act of the parties or the act of law, is bound by earlier acts or declarations of his predecessor and takes title cum onere. Under this rule all acts and declarations of the owner of land made during the continuance of his interest tending to show the character or extent of his possession or interest, or the location of boundaries, are competent evidence not only against himself but also against those who claim through or under him.</p> <p>3. In an action of ejectment for fourteen acres of oil and gas land the defendants claimed under a lease which fixed the northern boundary as the remaining land of the lessor and stated the tract contained “fifty acres more or less.” The plaintiffs claimed by a subsequent lease from the Same lessor. In this lease the acreage was stated to be “185 acres more or less” and the southern boundary was stated to be line of the land included in the earlier lease to defendants. Neither lease gave courses, distances or monuments on the ground as to this boundary line. At the time the second lease was executed the first had not been recorded but was placed on rec.ord subsequent to the recording of the second. The dispute in the ejectment was as to the location of the boundary line between the leases. Held, (1) that defendants were e