Over v. Lindsay

Citations

• 255 Pa. 283
• 99 A. 805
• 1917 Pa. LEXIS 447

Syllabus

<p>Deeds — Beal property — Interlineations—Courses and distances— Monuments — Conflict—Case for jury — Ejectment.</p> <p>1. An interlineation shown to have been made before the execution of a deed takes its place as part of the instrument.</p> <p>2. It is ,an established rule in Pennsylvania that courses and distances must always give way to monuments on the ground.</p> <p>3. When an old deed calls for a public road as a boundary line it is for the jury to find where such road was located at the time of the conveyance.</p> <p>4. In an action of ejectment it was disputed whether the land claimed by plaintiff was included in a conveyance of a larger tract of land made by the common source of title of plaintiff and defendant. The deed with interlineations which were made before</p> <p>its execution, contained courses and distances describing the location of the land as contended by defendant^ but referred to a public road as a boundary. There was evidence that such road was so located as to fix the boundaries of the land as contended by plaintiff. The trial judge submitted the case to the jury, and judgment on a verdict for plaintiff was affirmed.</p>