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· 1/3/1893

Peart v. Brice

Citations

  • 152 Pa. 277
  • 25 A. 537
  • 1893 Pa. LEXIS 968

Syllabus

<p>Deeds — Parol evidence to explain description.</p> <p>A deed with a description which lacks the certainty necessary to locate the land is void, and cannot be supplemented by parol evidence as to what tract was intended. But parol evidence to apply a written description to land is admissible for that purpose.</p> <p>A deed conveyed a tract of land described by metes and bounds, and called for “other land” of the grantor as an adjoiner on the east, “together with the right of mining and removing all the mineral that may be reached under said grantor’s land from the land above described, and hereby conveyed.” Held, that the description was sufficiently certain to indicate the mineral in the grantor’s land east of the tract conveyed, and that parol evidence was admissible to locate it.</p>

Judges: Heydbick, McCollum, Mitchell, Paxson, Williams

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