Trutt v. Spotts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county: Of May Term 1878, No. 154. This was an action of covenant brought by David Trutt against Benneville Spotts, upon certain clauses of a deed of conveyance. Plea: covenants performed absque hoc. The facts were as follows: Prior to 1872 Benneville Spotts, being the owner of a considerable tract of land in the borough of Mifflinburg, employed a surveyor to lay out a portion of it in building lots. This was accordingly done.
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Error to the Court of Common Pleas of Union county: Of May Term 1878, No. 154. This was an action of covenant brought by David Trutt against Benneville Spotts, upon certain clauses of a deed of conveyance. Plea: covenants performed absque hoc. The facts were as follows: Prior to 1872 Benneville Spotts, being the owner of a considerable tract of land in the borough of Mifflinburg, employed a surveyor to lay out a portion of it in building lots. This was accordingly done. A plan of the “Addition” was prepared by the surveyor, showing the streets and alleys named and the lots numbered, and Mr.…
1Opinion of the CourtJustice Mercur
All the assignments of error are to the rejection of evidence. They present the same general question. The contention is whether covenant will lie to redress the alleged grievance.
It is a well-established rule of law that a conveyance of lands bounded on a highway gives the grantee a title to the middle of the road, if the grantor had title to it, unless he reserved it, either expressly or by clear implication: Paul v. Carver, 12 Harris 207; Id., 2 Casey 223; Cox v. Freedley, 9 Id. 124.
The defendant in error was the proprietor of the portion of the town in which the lands in question lie. He…
2Cited by9 opinions
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- Green v. GreenSupreme Court of Pennsylvania · 1916
- Dobson v. HohenadelSupreme Court of Pennsylvania · 1892
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