Fuller v. Weaver

Citations

• 175 Pa. 182
• 34 A. 634
• 1896 Pa. LEXIS 1232

Syllabus

<p>Deed — Description—Boundaries—Monuments on ground — Ejectment.</p> <p>As a rule the intention of parties to a deed must be ascertained from their written expression, and only in rare cases from testimony dehors the instrument.</p> <p>Where a line marked on the ground is found by the undisputed testimony to agree with the courses and distances of the dividing line as called for in the deed of both parties, such line must control, and the intention of the grant must be taken to convey the land according to the actual survey, and no different intention can be given to such grant.</p> <p>A father divided his land amongst his children and conveyed it to them by deeds. The dividing line in the deeds to two of his daughters was “•Beginning at a post, thence south seventy-three degrees east one hundred and twenty-five rods to a stone.” Surveyors testified that along this line were a number of marked trees. The surveyor who divided the land and made the deeds nineteen years before, testified that the grantor’s intention was that the line should end at an iron pin. He also testified that the marking of the trees must have been done by his axmen without his authority, and on a merely experimental line. Held, that the plainly expressed intention of the grantor in the deed could not be defeated by the uncertain parol testimony in the ease.</p>