George v. Kern

Citations

• 60 Pa. Super. 26
• 1915 Pa. Super. LEXIS 144

Syllabus

<p>Deeds — Boundaries—Fence—Evidence.</p> <p>1. In an action of trespass where the issue was whether an old fence marked the boundary line between the properties of plaintiff and defendant, the deeds of both parties and surveys made therefrom with the maps and plots are competent evidence when followed by testimony showing the fence to be on the dividing line, inasmuch as they would show recognition and acceptance by the prior owners.</p> <p>2. In the effort to establish the disputed line between the plaintiff’s and the defendant’s land, as being identified with the fence line and the fence line with it, the fence and the line’s existence as such in its entirety from the time it was first known or exhibited by records, may be shown. It is immaterial that in later years the line was cut up in sections forming boundaries between different owners, and it does not matter, if the disputed section in question conforms in all general requirements to the original line as mentioned in the several deeds forming the chain of title. If slight variations exist their effect unexplained will be for the jury.</p> <p>3. On the trial of such an issue where the existence of a particular corner is evidenced not only from the calls in the defendant’s and his predecessor’s deeds and the surveys therefrom, but from the testimony of witnesses who knew that it had been there as an established corner for a long period of time, the court is not in error in charging that the .recognition of this point on the part of' the grantors and grantees in the deeds had a material bearing on the location of the fence as testified to by the surveyors.</p> <p>4. The court cannot be convicted of error in stating to the jury that ■ a line ran by the defendant’s surveyor could not be of much assistance . to them, if it appears that the line was not made from any call in a deed, nor with reference to the location of any old fence,'nor made upon a course and distance given by any authenticated record between tw