Improvement Company v. Munson

Syllabus

<p>1. By'the settled land laws of Pennsylvania no title can exist under a second survey, unless such second survey have been ordered by the board of property.</p> <p>2. The mere fact that a second survey was made is not evidence, even after a long time, as against another confessedly first, that an order for the second was made by the board of property, and that the order has beeri • lost. And although the loss of such an order may be presumed after a ’ lapse of time, yet the presumption can be made only where the order is shown by some kind of competent proof to have once existed.</p> <p>3. Whore a charge is merely ambiguous, a party dissatisfied with it ought, before the jury leave the bar, to ask the court to make it clear. He should not acquiesce in the correctness of the instruction, take his chance with a jury, and after the verdict is against him, claim the benefit of the ambiguity on error.</p>