Green v. Schrack

Citations

• 16 Pa. Super. 26
• 1901 Pa. Super. LEXIS 6

Syllabus

<p>Land law — Location of original surveys — Monuments—Calls—Courses and distances — Evidence.</p> <p>The controlling factors in the location of original surveys based upon warrants issued from the land office, in the order of their weight and efficiency as evidence, are (1) the monuments on the ground including corners, lines, etc; (2) calls for adjoiners; (3) courses and distances. When there are neither monuments applicable to the survey nor calls for adjoiners, the courses and distances must govern.</p> <p>In an action of ejectment for a strip of land one foot, three inches wide, where the starting point of the description is conceded, but there are no monuments referred to in plaintiff’s deed, nor any call for adjoining lots or division fences, and the lot is described by a particular nuniber, but there is no proper plan-of lots attached to the deed, and no reference to such a plan as having been recorded, the plaintiff is confined to the courses and distances mentioned in the deed.</p> <p>Ejectment — Title—Payment of taxes — Evidence. •</p> <p>Assessments and payment of taxes are not admissible in an action of ejectment as evidence of title, but merely of a claim of possession.</p>