Rozelle v. Lewis
Superior Court of Pennsylvania
Appeal, No. 41, March T., 1908, by defendants, from judgment of C. P. Lackawanna Co., May T., 1900, No. 425, on verdict for plaintiff in case of Orlando Rozelle v. Mary L. Lewis and B. S. Lewis. Ejectment for land in the borough of Dunmore. Before Newcomb, J. At the trial the jury returned a verdict in favor of the plaintiff. On rule for a new trial Newcomb, J., filed the following opinion: This action was ejectment.
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Appeal, No. 41, March T., 1908, by defendants, from judgment of C. P. Lackawanna Co., May T., 1900, No. 425, on verdict for plaintiff in case of Orlando Rozelle v. Mary L. Lewis and B. S. Lewis. Ejectment for land in the borough of Dunmore. Before Newcomb, J. At the trial the jury returned a verdict in favor of the plaintiff. On rule for a new trial Newcomb, J., filed the following opinion: This action was ejectment. May 17, 1902, there was a verdict for plaintiff subject to a point reserved by former Judge Wheaton of the eleventh district, specially presiding at the trial. Reasons were…
1Opinion of the Court
Opinion by
Rice, P. J.,
As to the admissibility of the kind of evidence that was admitted under the offer recited in the first assignment of error, we entertain no doubt. As a general rule lines run and marked on the ground control the courses and distances mentioned in the conveyance, and this is as true of the grant *570by an individual as of official surveys. “The courses and distances in a deed always give way to the boundaries found on the ground, or supplied by the proof of their former existence, when the marks and monuments are gone:” Lodge v. Barnett, 46 Pa. 477. Amongst the numerous cases…
2Cases cited10 opinions
- Lodge v. BarnettSupreme Court of Pennsylvania · 1864
- Rook v. GreenewaldSuperior Court of Pennsylvania · 1903
- Allen's EstateSupreme Court of Pennsylvania · 1904
- Broadrick v. BroadrickSuperior Court of Pennsylvania · 1904
- Hagey v. DetweilerSupreme Court of Pennsylvania · 1860
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3Cited by7 opinions
- Larkin v. MetzSupreme Court of Pennsylvania · 1990
- Zumbro v. ZumbroSuperior Court of Pennsylvania · 1918
- New York State Natural Gas Corp. v. RoederSupreme Court of Pennsylvania · 1956
- Muia v. HerskovitzSupreme Court of Pennsylvania · 1925
- Kountz v. O'Hara Street Railway Co.Superior Court of Pennsylvania · 1911
2 more not listed; retrieve them via the Exa API.