Witman v. Smeltzer

Citations

• 16 Pa. Super. 285
• 1901 Pa. Super. LEXIS 60

Syllabus

<p>Deeds — Plans—Streets—Dedication.</p> <p>References in a deed to a plan have the effect of making the plan a part of the deed, and this constitutes a dedication of the streets and alleys laid down upon the plan to the use of the purchasers as public ways.</p> <p>A person who accepts a deed with both actual and constructive notice and knowledge of the location of a street designated for the use of the different owners of portions of the tract of land of -which his lots area part, acquires, as between him and his grantor and those who cotemporaneously accepted grants from the same party, the right to use all the streets upon the plan, and takes his own land subject to the easement of such streets as were by the plan located upon it; and this right is not-confined to the part of the street upon which the lots immediately abut, but extends to all the streets upon the plan.</p> <p>Practice, G. P. — Question of law reserved.</p> <p>It is not within the power of the court to reserve a question of fact, or a mixed question of law and fact. When a verdict is taken subject to the opinion of the court upon points reserved, the facts should be distinctly stated as well as the question raised by them; and the judgment to be pronounced upon the solution of the question of law to be reserved, should also be specified as in a case stated.</p> <p>Where the question reserved involves only the construction and effect of a written instrument, it is not necessary that the instrument should be set out at length in the question reserved, and the same rule applies as to a record. It is sufficient if it be set forth in the pleadings, or, if its execution be admitted, that it be fully identified.-</p> <p>When there is a verdict for plaintiff for a definite sum, and no reservation which will authorize a judgment to be entered contrary to the verdict, the appellate, court is obliged not only to reverse the judgment, but also to enter judgment for plaintiff in accordance with the verdict.</p