Blasdell v. Bissell
Supreme Court of Pennsylvania
In error from the Common Pleas of Susquehanna county. July 16. Trespass, for erecting á wall on the -land of plaintiff, in which the question was the title to the locus in quo. On the trial before Jessup, P. J., it appeared that in 1821 the plaintiff, being the owner of a large tract, made a parol agreement to sell seventy-three acres thereof to one Dewees, and a certain ash tree was fixed upon as the point through which the line was to run.
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In error from the Common Pleas of Susquehanna county. July 16. Trespass, for erecting á wall on the -land of plaintiff, in which the question was the title to the locus in quo. On the trial before Jessup, P. J., it appeared that in 1821 the plaintiff, being the owner of a large tract, made a parol agreement to sell seventy-three acres thereof to one Dewees, and a certain ash tree was fixed upon as the point through which the line was to run. A survey, was accordingly made, stakes set, and a fence moved to the line. Dewees held possession for about five years, and sold to Carmalt, under whom…
1Opinion of the CourtGibson, C. J.
When a tract of land has been surveyed for a warrantee, by courses and distances subsequently called for in a patent for it, the lines actually traced on the ground, as shown by the landmarks, and not those produced by the'courses and distances, constitute the boundaries of the grant; and why should they not constitute the boundaries of a grant by an individual? The certainty of result produced by the rule, and the convenience of it, are alike reasons for its application to both; or perhaps they operate more forcibly for its application to the latter in proportion to the difference of value…
2Cited by9 opinions
- Stark Et Ux. v. Lardin, Exr.Superior Court of Pennsylvania · 1938
- Rook v. GreenewaldSuperior Court of Pennsylvania · 1903
- Staub v. HamptonTennessee Supreme Court · 1906
- Rozelle v. LewisSuperior Court of Pennsylvania · 1908
- Metcalf v. BuckSuperior Court of Pennsylvania · 1908
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