Legal Opinion

Cox v. Couch

Supreme Court of Pennsylvania

Decided June 8, 1848PublishedCited by 6 opinions

In error from tbe Court of Common Pleas of Huntingdon county. May 22. This was an action of debt on articles of agreement under seal, brought by William Couch and Andrew Couch against Edward Cox, to recover a balance of the purchase-money of two tracts of land, due under said articles.

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In error from tbe Court of Common Pleas of Huntingdon county. May 22. This was an action of debt on articles of agreement under seal, brought by William Couch and Andrew Couch against Edward Cox, to recover a balance of the purchase-money of two tracts of land, due under said articles. It appeared by the articles of agreement, dated the 19th of February, 1842, and executed by William Couch and Andrew Couch, the plaintiffs, and Edward Cox, the defendant, that the said William and Andrew Couch bargained and sold two tracts of land situated in Barree township, Hunting-don county, to the said…

1Opinion of the CourtGibson, C. J.

It is a principle of construction, that where land is described by courses and distances, and also by calls for adjoiners, the latter, where there is a discrepance, invariably govern; and it is as applicable to conveyances as it is to official surveys. By reason of imperfection of instruments, as well as inequalities of surface and carelessness of assistants, extreme accuracy is not to be attained by the compass and chain; while, on the other hand, calls for natural objects, or, what is much the same, known and established lines of contiguous tracts, admit of perfect certainty. When a vendor,…

2Cited by6 opinions

  1. Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
  2. New York State Natural Gas Corp. v. RoederSupreme Court of Pennsylvania · 1956
  3. Myer v. CurrySupreme Court of Pennsylvania · 1927
  4. North Braddock Borough's Boundary CaseSuperior Court of Pennsylvania · 1936
  5. NY ST. NAT. GAS CORP. v. RoederSupreme Court of Pennsylvania · 1956

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