Dunlap v. Reardon

Citations

• 24 Pa. Super. 35
• 1903 Pa. Super. LEXIS 295

Syllabus

<p>Deeds — Boundaries—Monuments on ground — Consentable line — Evidence — Question for jury.</p> <p>Where an owner of a lot fifLy feet wide erects two'adjoining houses on the front of the lot and subsequently conveys to each of two grantees half of the lot with the house thereon erected by a deed which describes the width thereof as being twenty-five feet, and it subsequently turns out that the center of the wall was several inches from the center of the original lot, the wall as a monument upon the ground must, as far as it was built, control against the deeds; but in an action of ejectment between the owners of the adjoining premises, where there is evidence that after a predecessor in title of the plaintiff had erected a fence on a straight line from the end of the wall projected to the rear end of the lots, a dispute arose, a survey was made, and the fence re-erected on the line called for in the deeds, the question whether the last line was a consentable line is one which should be submitted to the jury.</p>