Octoraro Water Co. v. Garrison

Citations

• 271 Pa. 421
• 114 A. 638
• 1921 Pa. LEXIS 522

Syllabus

<p>Deeds — Cloud on title — Mineral rights — Construction of deed — 1 Evidence — Written proceedings prior to deed — Equity—Jurisdiction in equity.</p> <p>' 1. A cloud on title is a title or encumbrance apparently valid, but in'fact invalid.</p> <p>2. Nothing so certainly answers the definition of the term cloud on title, as tbe placing on record of a deed for that which another owns, a grant which, although it assumes to convey something, in reality conveys nothing at all.</p> <p>3. Equity has Jurisdiction to remove clouds from title, and in a proper case it will direct the instrument casting the cloud on the title to be delivered up and cancelled.</p> <p>4. Where a deed conveying land, described by metes and bounds, situate in Pennsylvania, and all the water rights in a creek appertaining to the land, and also the mining and water rights in said creek, and in and upon all the lands of the grantor situated in two counties of Pennsylvania specifically named, “and in Maryland, lying in, along the creek,” applies not only to the lands in Maryland, but also conveys all mining and water rights in the two counties in Pennsylvania.</p> <p>5. In an equity suit to remove a cloud on the title to the mining rights in Pennsylvania, where the case turns on the construction of the deed, it is proper to consider written proceedings prior to the deed, in a Maryland court, by which trustees were authorized to convey lands to plaintiff, if such proceedings showed a clear intention to transfer to plaintiff all the mining rights in the two Pennsylvania counties.</p>