Morse v. Rollins
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 272 January Term 1888, Sup. Ct.; court below, No 6 September Term 1885, C. P. On June 2,1885, an ejectment was begun by Charles G. Rollins against Robert Morse, to recover a strip of ground three tenths of a rod wide and 26 rods long, in Glade township. The plea was, not guilty. The case may be illustrated by the following sketch, observing that the courses and distances are from the deed of C. G. Rollins to Geo.
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ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 272 January Term 1888, Sup. Ct.; court below, No 6 September Term 1885, C. P. On June 2,1885, an ejectment was begun by Charles G. Rollins against Robert Morse, to recover a strip of ground three tenths of a rod wide and 26 rods long, in Glade township. The plea was, not guilty. The case may be illustrated by the following sketch, observing that the courses and distances are from the deed of C. G. Rollins to Geo. W. Allen, and if drawn to scale would make a trapezoid instead of a parallelogram. At the trial on. January 8, 1888, it was…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
The only defence to this action of ejectment was, that the title to the strip of land in controversy passed by deed of August 25, 1875, from plaintiff below to Mrs. Amelia Allen, whose interest was subsequently acquired by defendant. The deed, according to the courses and distances given therein, embraces the land in controversy; but evidence was introduced by the plaintiff to prove that it was excluded by the survey made upon the ground and assented to by the parties at the time of the conveyance. The length of the line along the public road, north thirty-eight…
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