Marks v. Ligonier Borough

Citations

• 233 Pa. 372
• 82 A. 477
• 1912 Pa. LEXIS 836

Syllabus

<p>Deeds — Identification of land — Location.</p> <p>1. The object of a description in a deed is to identify the land conveyed, and need not necessarily be technically accurate, but must be sufficiently precise for the purpose of identification, and to.enable a surveyor to locate it. While it is the province of the court to construe the deed, the question of the location of the land is for the jury where the evidence relating to the location is disputed.</p> <p>Trespass — Ejectment—Parties—Evidence.</p> <p>2. In an action of trespass against a borough to recover damages for lands appropriated for reservoir purposes, where it appears that the title to the land had been determined in the plaintiffs in a prior action of ejectment in which they had been named as defendants, and it also appears that in the action of trespass the question involved was the location, and not the title to the land, evidence relating to the use and occupancy of it prior to the ejectment, is admissible.</p>