Waters v. Starr

Citations

• 142 Pa. 418
• 21 A. 865
• 1891 Pa. LEXIS 752

Syllabus

<p>(a) Iu 1820, a large tract was surveyed and the return thereof accepted. In 1829, a portion of the east side was conveyed by the then owner of the northern part of the tract, by a dividing line running north and soutli and well marked on the ground, the title conveyed vesting subsequently in the defendant.</p> <p>(6) In August, 1864,' the plaintiff, in possession under color of title on the west of the line of 1829, had an official survey made, the surveyor marking a line eighteen to twenty rods east of the line of 1829. This survey was returned, accepted and patented; the return and patent merely calling for the owner on the east.</p> <p>(e) In October, 1864, the then owner of the east portion caused a survey to be made by the same surveyor. This survey was returned, accepted and patented; the return of survey and patent merely calling for the land of the plaintiff on the west. For timber cut in 1888, east of the line of 1829, plaintiff brought trespass:</p> <p>1. In such case, the evidence showing that the line run by the surveyor in 1864 was a mistake merely, and never had been adopted as a consentible line by the parties, the plaintiff failed to show title to the land upon which the alleged trespass was committed, and it was not error to enter judgment for the defendant.</p>