Hogg v. Bailey

Citations

• 5 Pa. Super. 426
• 1897 Pa. Super. LEXIS 265

Syllabus

<p>Ancient deeds and grants — Construction—Usage.</p> <p>Ancient words, grants, deeds and charters will be interpreted by usage.</p> <p>However general the words of an ancient grant may be, it’is to be construed by evidence of the manner in which the thing granted has always been possessed and used; for so the parties thereto must be supposed to have intended.</p> <p>Indefinite easement — Evidence of exhaustion — Acts of original parlies.</p> <p>Where there has been a grant in general terms to erect a dam and back up waters on grantor’s land as much as the grantee may think necessary, and where the election has been made and the location and height of the dam determined at the time so as to fix the back flow of the water to the extreme limit and to a definite point immediately after the execution of the grant, and uninterruptedly continued for fifty years it must be held as a matter of law that the right or privilege under the grant is exhausted by these acts of the parties as the best evidence of their intention.</p>