Miller v. Cure

Citations

• 205 Pa. 168
• 54 A. 721
• 1903 Pa. LEXIS 540

Syllabus

<p>Deeds — Description—Monument on ground — Province of court and jury.</p> <p>In nearly all cases, where' there is a dispute, the identity of a monument on the ground with that in the deed, contract or survey, is a question for the jury, but there are exceptions. Where the existence of a natural or artificial object on the ground is undoubtedly proven or admitted, the court may say to the jury that it corresponds to the description in the, writing and they should so find. Where there is doubt as to its identity, or conflicting evidence, it is clearly a question of fact for the jury.</p> <p>Where a reservation in a deed calls for an “outcrop of the conglomerate rock” as one of the boundaries of the land reserved, and it appears that there was a conspicuous ledge of conglomerate rook 1,300 feet in length which closed the boundaries of the reservation, the court may say as a matter of law that this ledge was the boundary called for, although there is evidence of a small and inconspicuous ledge of conglomerate rock about 200 feet long, which was a spur from the large ledge, but which did not close up the boundary.</p>