Holland v. Hayes

Citations

• 40 Pa. Super. 195
• 1909 Pa. Super. LEXIS 589

Syllabus

<p>Deed — Plan of lots — Marks on ground — Damages—Arbitration—Adverse possession — Findings of fact.</p> <p>1. Where a map or plan is referred to in a deed, it becomes a material and essential part of the conveyance, and is to have the same force and effect as if copied into the deed. If there are no marks on the ground indicating the actual work of the surveyor in laying out the lots indicated on the plan, the location of them as the plan requires, will be considered the true location.</p> <p>2. Where in an action of ejectment the parties agree that the land in dispute was derived by purchase from a common source, the question of adverse possession does not arise.</p> <p>3. Where facts found by a referee are mere deductions from undisputed testimony or from other facts found from the testimony, they are given no greater weight than the referee's findings of law.</p> <p>4. If parties from misapprehension, adjust their fences and exercise acts of ownership in conformity with a line which turns out not to be the true boundary, this will not amount to an agreement or be binding as the assent of the parties.</p> <p>5. Where an owner of land sells a lot according to a map or plan and three years thereafter the surveyor of the grantor, without the knowledge of, or the presence of, or at the instance of the grantee, drives iron pins into the ground as indicating boundary lines, the action of the surveyor will not govern the boundary as against the map or the plan.</p>