Knupp v. Barnard

Citations

• 206 Pa. 280
• 55 A. 981
• 1903 Pa. LEXIS 700

Syllabus

<p>Land law — Surveys—Warrants—Boundaries.</p> <p>The'marks of a block consist of the marks, if such are found, of every tract of the block, and the marks if originally intended as corners for a particular tract become marks for locating the whole block.</p> <p>The location of a block of surveys maybe established from a single undoubted monument of the block on the ground if there be no others, by the courses and distances in the return; the interior tracts rniist then be located relatively wholly from the return of the block; but the return may show marks for corners of the interior tracks; if these be found upon the ground they establish the lines of these interior tracts although this may to some extent disturb the lines of the block; such a location of an interior tract of a block although it may somewhat change the course of the exterior line as plotted in the return or shorten that line running from the leading warrant, yet giving effect to that fact, does not disregard the established rule, that a member of a block cannot be wrested from its position and be located outside of it; it is not thereby wrested from the block but its position is relatively the same as in the return although one of the exterior lines of the block has been for a short distance deflected from its course to accord with the established monuments on the ground of the interior tract common to it and the block of which it is a member; but there can be no block of surveys in either a popular or legal sense where the tracts are not contiguous.</p> <p>In a land case where the location of two contiguous tracts of a block depends upon the position of an interior line of the block, and the evidence as to the marks of early surveys is conflicting, the ease is for the jury.</p>