Kinsel v. Baird

Citations

• 56 Pa. Super. 375
• 1914 Pa. Super. LEXIS 96

Syllabus

<p>Appeals — Assignments of error — Judgment n. o. v.</p> <p>1. An assignment of error to an order entering judgment for defendant n. o. v. is in proper form, which complains of the action of the court in entering the judgment, quotes from the record the defendant’s motion for judgment with the reasons therefor, the opinion of the court below, and finally the order directing the entry of the judgment.</p> <p>Deeds — Boundaries—Street.</p> <p>2. Where a deed calls for a “fifty foot street” as a boundary, there is an implied covenant on the part of the grantor that there is a way corresponding with the one described in the deed and that the grantee shall have the benefit of it; but the grantor may subsequently by deed convey the fifty foot strip to another person without breach of the covenant inasmuch as he may convey a fee in the land subject to the first grantee’s easement of a right of way. If, in such a case the first grantee permits the second grantee to construct a fence across the right of way, the first grantee cannot maintain an action against the grantor for a breach of the implied covenant, created by the first deed.</p>