Miller v. Cramer

Citations

• 190 Pa. 315
• 42 A. 690
• 1899 Pa. LEXIS 1022

Syllabus

<p>Vendor and vendee — Deed—Description in deed, — Marks on ground.</p> <p>The quantity of land and courses and distances in a deed must always give way to boundary lines determined by clearly established monuments, natural or artificial, existing in or on the ground.</p> <p>A deed of land reserved -‘all that portion within the coal measures .... sitúale, in the east corner.” The land was described as being bounded on two sides by the lands of other owners, naming them, “ and on the remaining sides by the outcrop of the conglomerate roclt containing-about four and one-half acres and known as the Oakley coal bed.” Before the deed was executed neither vendor nor vendee knew the exact location of the outcrop of the conglomerate rock. The vendee supposed that three acres would cover the land intended to be reserved. The vendor estimated it at four and one half acres. If the outcrop of conglomerate rock was taken as the boundaries of two sides, the tract reserved covered eighteen acres. The evidence showed that the outcrop ol conglomerate rook was a well defined permanent natural monument, on the ground, plainly visible, with the exception of a short distance where it was covered with earth. Held, that the vendor and his grantees under the reservation were entitled to all ihe land to the outcrop of conglomerate rook.</p>