Fuller v. Cole

Citations

• 33 Pa. Super. 563
• 1907 Pa. Super. LEXIS 337

Syllabus

<p>Evidence — Will—Title to land — “Wild lands” — Pedigree.</p> <p>Where in an action involving title to real estate, a will describing lands devised as “wild lands” is offered subject to further proof as to the identification of the land in controversy with the land devised by the will, and this proof is supplied, no error can be assigned to the admission of the will in evidence. /</p> <p>In such a case great-nieces of the testator who had personal 'knowledge of the lands through association, correspondence with members of the family, and undisputed family records, are competent witnesses as to pedigree.</p> <p>Deed — Boundary—Lake—Prescription—Cutting ice — Riparian owner.</p> <p>Where a deed calls for a corner in the edge of a small lake, and thence along the edge of the lake, the grantee has no ground to claim title to the middle of the lake.</p> <p>In ap action to recover damages for cutting ice on a small lake, where the plaintiff shows record title in the bed of the lake, and possession as much as could be maintained under the circumstances, the defendant cannot set up a right by prescription to cut the ice, where it appears that although ice was cut at irregular intervals, plaintiff objected as soon as a right to cut was asserted, and that the defendant had in the year prior to the suit requested permission from the plaintiff to cut ice, and had paid for the privilege.</p>