McNaul v. Arnold

Citations

• 177 Pa. 433
• 35 A. 672
• 1896 Pa. LEXIS 1001

Syllabus

<p>Deed — Description—Street—Mistake.</p> <p>A deed described land as “Beginning at a post on State street.” State street did not touch the land intended to be conveyed, but a turnpike which extended from the termination of State street did run along the land; and as far as the traveling public was concerned there was nothing to indicate where the street ended and the turnpike began. The evidence showed that the turnpike was sometimes called State street. Another deed and petition as well as oral testimony tended to show that the turnpike was mistaken for a continuation of State street. Held, that in construing the deed, a point on the turnpike must have been in the contemplation of the parties when they used the words State street.</p>