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· 7/17/1919

Heiges v. Baum

Citations

  • 72 Pa. Super. 16
  • 1919 Pa. Super. LEXIS 236

Syllabus

<p>Ways — Alleys—Reference- -Deed.</p> <p>A deed is to be construed in accordance with the intentions of the parties and to ascertain that intention, it is competent to consider the relation in which they stood to each other, the character and surroundings of the properly and all the elements which enter into the transaction.</p> <p>W ays — A lleys — Dedication—Prescription.</p> <p>Where a guardian under an order of the orphans’ court' sold a certain property of a minor, and described such land in the deed, and in the return to the sale, which was subsequently confirmed by the court, as having frontage of 50 feet on an alley and there is further evidence sufficient to warrant finding that the alley had previously been laid out by the guardian, and was used by the owners of other lots and by the public and by the minor himself, the latter cannot, more than twenty-one years after such using, and fifteen years after attaining his majority, assert a right to interfere with the use of such alley.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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