Phillips v. Crist

Citations

• 33 Pa. Super. 445
• 1907 Pa. Super. LEXIS 318

Syllabus

<p>Estoppel — Statement as to boundary of land — Executors and administrators — Orphans’ court sale.</p> <p>Where at an orphans’ court sale for the payment of decedent’s debts, the executor publicly states that the land sold extends to a particular line named, and it appears that in the petition for the sale, and in the advertisements thereof, the same line is designated as a boundary, the executor is estopped from subsequently asserting that the land did not extend to the line designated, where such assertion is in favor of an individual title in himself.</p> <p>Deed — Boundaries—Description—Quantity.</p> <p>Quantity is not decisive in determining title. Description of land by qauntity does not amount to a covenant that the land shall equal the quantity mentioned in the deed. The grantee has a right to all the land within the boundaries.</p> <p>Ejectment — Pleading—Estoppel—Evidence.</p> <p>The proper plea in ejectment is “not guilty,” and under this plea the defendant may avail himself of the defense of estoppel, and he may do this by oral testimony.</p>