Steigleder v. Marshall

Citations

• 159 Pa. 77
• 28 A. 240
• 1893 Pa. LEXIS 1480

Syllabus

<p>Deed— Reservation — Description—Location—Evidence—Question for jury.</p> <p>A question of location or the application of a grant to its proper subject-matter is a question of fact to be determined by the jury by the aid of extrinsic evidence.</p> <p>A deed reserved “the six acre field now occupied by Dr. William Sarver and David Welsh, out of the above described land.” The evidence showed that the grantor owned a fai'm situated upon one side of a run. Upon the opposite side of the run, and disconnected from his farm, he owned a field containing about six acres. In this field there was a fence which fenced off a narrow strip along the run containing sixty-three and one half perches, used for a house and garden. The evidence showed that the whole field was a separate piece of ground detached from the grant- or’s farm, and originally known as the six acre field. Welsh lived in the house and occupied the garden. Sarver occupied the part of the field beyond the fence as a pasture. Welsh obtained water from a spring in the pasture field, and also used a small part of it for yard purposes. Held, that the question whether the grantor reserved the whole field, or only the part used for pasture, was a question of fact for the jury. The question involved was one not relating to the construction of the reservation, but to the identity of the location.</p>