Medara v. Du Bois

Citations

• 187 Pa. 431
• 41 A. 322
• 1898 Pa. LEXIS 824

Syllabus

<p>Party wall — Boundaries—Monuments on ground — Deed—Description.</p> <p>A party wall is a permanent monument which fixes the location oí a boundary line within the meaning of the well-established rule, that monuments on the ground must prevail over measurements.</p> <p>In an action to recover the purchase money of real estate, it appeared that plaintiff agreed in writing to sell to defendant the premises “known as 3816, Locust street,” and recited as being twenty-five feet wide. Over twenty-one years before the date of the agreement the owner of the land in question owned the adjoining lot to the west, and built thereon twin houses. The middle of tbe party wall of these houses was six inches west of the middle line of the two lots. The owner sold the eastern lot, which subsequently became vested in plaintiff. The deed tendered by him to defendant for the eastern lot conformed to the agreement. The defendant contended that the fair intendment of the agreement was that it should include one half the party wall, and denied that plaintiff’s deed to the eastern lot carried his title further than the middle line between two lots. Held, (1) that plaintiff had a good and marketable title to the middle of the party wall, and that the deed tendered was sufficient to convey the same to defendant.</p>