Bowman v. Bittenbender
Supreme Court of Pennsylvania
WRIT of error to Columbia county. Debt on bond by Jacob Bittendender against the executors of Henry Bowman deceased. The bond was given for the purchase money of a tract of land on Nescopeck creek, Luzerne county. The defendants gave in evidence the agreement, of sale and the deed of conveyance, both of which described the land by courses and distances, and included a part of the creek for which the vendor had no title.
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WRIT of error to Columbia county. Debt on bond by Jacob Bittendender against the executors of Henry Bowman deceased. The bond was given for the purchase money of a tract of land on Nescopeck creek, Luzerne county. The defendants gave in evidence the agreement, of sale and the deed of conveyance, both of which described the land by courses and distances, and included a part of the creek for which the vendor had no title. To rebut this, the plaintiff offered to prove, that, before the agreement was entered into, he and the defendants’ testator were upon the ground, and the lines were distinctly…
1Opinion of the Court
*291The opinion of the Court was delivered by
Huston, J.
—This cause was argued on the testimony of the surveyor and the official drafts of Bittenbender and Rutter, and whether they included or excluded (lie creek. All this may have been maleiial before the jury; but. the question here was, whether, as both the article and the deed purport, to sell the creek the whole distance, it. was competent to prove by parol, that in showing the land to be sold, Bowman was distinctly shown that the creek was not included, except for a short distance above the saw-mill dam. If it were material, I would say that…
2Cases cited3 opinions
- Collam v. HockerSupreme Court of Pennsylvania · 1829
- Shepherd v. WatsonSupreme Court of Pennsylvania · 1832
- Stubbs v. KingSupreme Court of Pennsylvania · 1826