Evans v. Lititz Borough

Citations

• 162 Pa. 561
• 29 A. 711
• 1894 Pa. LEXIS 1020

Syllabus

<p>Road law — Streets—Deed—Evidence.</p> <p>In an action against a borough to recover damages for land taken for purposes of a street, it appeared that plaintiff’s grantors were the trustees of a church, and that eight months before they executed the deed to plaintiff, they passed a resolution to sell the lot to him “ on condition that he removes the house and widens the alley fourteen feet, and that he does not get a deed until the house is removed.” The deed did not contain any reservation or condition. After the conveyance plaintiff moved back his line eight feet. The borough subsequently widened the alley by taking six feet more of plaintiff’s land. Held, that the evidence was insufficient to show any agreement on part of plaintiff to donate the six feet for which suit was brought.</p> <p>In the above case the jury found a special verdict to the effect that the resolution of the trustees was a part of the contract of the sale of the land to the plaintiff, and also found for the value of the land in favor of plaintiff, subject to a question of law reserved. The court entered judgment on the verdict, on the ground that, as plaintiff was entitled to the possession, irrespective of the question of title, he was entitled to recover damages. Held, that the judgment should not be reversed.</p>