Kountz v. O'Hara Street Railway Co.

Citations

• 48 Pa. Super. 132
• 1911 Pa. Super. LEXIS 349

Syllabus

<p>Deeds — Descriptions—Boundaries—Latent ambiguity — Parol evidence —Construction of deed by parties — Province of court and jury.</p> <p>1. Where the subject-matter of a grant is insufficiently described in a deed, parol evidence may be given to show precisely what was intended to be conveyed, and when there is any doubt as to the extent of the subject-matter devised by will, demised dr sold, it is a matter of extrinsic evidence to show what is included under the description as parcel of it, and that the extent of the grant must go to the jury.</p> <p>2. Where the words used in the description of a deed are uncertain or ambiguous, and the parties have by their acts given a practical construction thereto, the construction so put upon the deed by them may be resorted to, to aid in ascertaining their intention.</p> <p>3. Ordinarily the construction of a deed or other documents is for the court, but where boundaries are to be ascertained, and where the intention of the parties is to be discovered in the light of conditions to the document, the case is for the jury.</p>