Rozelle v. Lewis

Citations

• 37 Pa. Super. 563
• 1908 Pa. Super. LEXIS 328

Syllabus

<p>Land law — Deed—Boundaries—Courses and distances — Evidence— Oral proof — Statute of frauds.</p> <p>The courses and distances in a deed always give way to the boundaries found on the ground, or supplied by the proof of their former existence when the marks and monuments are gone; and this is as true of the grant by an individual as of official surveys. To establish the existence of such marks and monuments parol proof is admissible, and such testimony is not in contravention of the statute of frauds and perjuries.</p> <p>Evidence — Witness—Party dead — Executors and administrators.</p> <p>Where an executor with power of sale executes a contract in writing to sell the land of his testator, and the executor subsequently dies, the other party to the contract may testify as to matters occurring between him and the executor in the latter’s lifetime.</p>