Mannerback v. Pennsylvania Railroad

Citations

• 16 Pa. Super. 622
• 1901 Pa. Super. LEXIS 118

Syllabus

<p>Deed — Exception—Reservation—Graveyard.</p> <p>An exception in a deed is always of part of the thing granted, and is the whole of the part excepted. A reservation is the creation of aright or interest, which had no prior existence as such in the thing or part of the thing granted.</p> <p>A clause in a deed “ excepting and forever reserving the graveyard on the lands hereby conveyed at all times hereafter to enter thereon without hinderance or denial of the said Daniel Spang, his heirs and assigns ” constitutes an exception saving to the grantor the fee of the land used as a graveyard, and does not as a reservation create merely an easement in the land.</p> <p>Ejectment — Res adjudieata — Mistaken form of action.</p> <p>In an action of ejectment to recover land wrongfully occupied by a railroad company, the plaintiff will not be barred from recovery by the fact that he had previously brought a suit for damages against the railroad company for depreciation in the value of his land, where it appears that the verdict which the plaintiff had recovered in the previous suit had been set aside by the court on the ground that the form of the action was mistaken.</p>