Metcalf v. Buck

Citations

• 36 Pa. Super. 58
• 1908 Pa. Super. LEXIS 112

Syllabus

<p>Deeds — Description—Courses and distances — Monuments—Ejectment— Evidence.</p> <p>The courses and distances in a deed always give way to the boundaries found upon the ground, or supplied by proof of their former existence when the marks or monuments are gone.</p> <p>In an action of ejectment where both plaintiff and defendant claim under deeds from the same grantor, but the defendant’s title is older, and it also appears that the grantor had made two plans of lots, on one of which the plaintiff relies, the defendant can only be affected by the plan on which the plaintiff relies when it is shown that that was the plan by which defendant’s land was described.</p> <p>In such a case where the defendant claims that she bought according to monuments on the ground, she may show that the grantor went on the ground and caused oak stakes to be set, indicating the corners and side lines of the lot sold to the defendant and adjoining owners, and that fences were erected by the owners, including the plaintiff, in accordance with the lines claimed by the defendant.</p> <p>Evidence — Witness—Interest of witness — Competency of witness.</p> <p>The interest which disqualifies a witness, is a vested interest in the event of a suit, but not in the question involved. It must be such an interest as the judgment in the case would operate upon. Such an interest may affect the credibility of the witness, but not his capacity.</p> <p>In an action of ejectment where both plaintiff and defendant claimed from the same grantor, who was dead at the time of the trial, an ownér of land adjoining land of one of the parties, who has no interest in the land in suit, is a competent witness for one of the parties, although he is interested in the question involved as affecting his own land.</p>