Scholl v. Emerich

Citations

• 36 Pa. Super. 404
• 1908 Pa. Super. LEXIS 176

Syllabus

<p>Canals — Condemnation of land —' Title — Easement — Abandonment —Revision.</p> <p>Where a canal, company condemns land under the Act of April 2, 1811, 5 Sm. L. 266, it acquires only an easement in the land for use of a canal, and when the canal is abandoned, the use and occupation of the land reverts to the owner 'of the fee.</p> <p>Deed — Boundary—Call for highway as boundary — Call for canal as boundary — Canal.</p> <p>When a deed calls for a highway as a boundary; unless a contrary intention clearly appears, the grantee takes title, as against the grantor, to-the middle of the highway,-but nothing more; and this is the rule in Pennsylvania, whether the grantor owns the fee. in, the entire highway, and nothing upon the other side, or whether the grantor, owns iand extending beyond the other side of the highway; and the same'rule applies where the highway called for ás a boúndary, is á canal. '</p>