Winning v. Frantz

Citations

• 67 Pa. Super. 592
• 1917 Pa. Super. LEXIS 463

Syllabus

<p>Land law — Surveys—Conflicts—Duty of deputy surveyor — Warrant.</p> <p>A subsequent survey cannot affect a prior one regularly made and returned.</p> <p>A descriptive warrant, and payment of part of the purchase-money, gives an equitable interest in the land from its date, and when the patent issues the warrantee becomes possessed of the full legal title and it relates back to the inception' of his equitable title.</p> <p>If the deputy surveyor, after he has made the survey, but before making his return, discovers that he had taken in too much land, he should notify the warrantee giving him an opportunity to determine what lands should be excluded, and should indicate by his return the lands which were to pass under the survey.</p> <p>Where the official survey of a tract of land calls for an earlier survey as an ad joiner on the north, and the undisputed evidence discloses that the line of the senior, survey was the line actually run upon the ground by the deputy surveyor in locating the junior survey, and there are no marks on the ground to stop the junior survey from going to the southern line of the senior survey, the survey is to be carried to its calls for adjoiners, even though it overrun the distances returned, and a call for adjoiner will overrule the lines returned by courses and distances, where there are no lines upon the ground.</p>