Nissley v. Moeslein
Citations
- 23 Pa. Super. 119
- 1903 Pa. Super. LEXIS 312
Syllabus
<p>BeedS — Plan—Release—Boundaries—Marks on the ground.</p> <p>. Where the owner of a mortgaged farm lays out a plan of lots using a different scale for the interior streets and lots than the scale used for the exterior lines of the farm, and the mortgagee releases a portion of the land embraced in the plan using in the release the lines on the recorded plan, and the marks on the ground are indefinite and obscure and give no indication of the streets and lots, the lines and measurements in the plan, and used in the release, must prevail as against the terminus of one of the streets indicated at a particular point on the plan.</p> <p>In such a case the plain general intent of the recorded plan to exhibit a symmetrical town plot with the dimensions of the lots and widths of the streets as there laid down, must prevail against particular intent to place the terminus of a particular street at a point indicated on the plan.</p>
Judges: Beaver, Morrison, Oblady, Porter, Smith
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