Saunders v. Wellner
Superior Court of Pennsylvania
Appeal, No. 183, Oct. T., 1914, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1913, No. 2,407, for defendant n. o. v. in case of Frances B. Saunders v. Julius Wellner. Trespass to recover damages for the obstruction of an alley. Before Ralston, J. At the trial it appeared that on April 13, 1832, Jacob S. Wain was the owner of the adjoining lots 923 and 925 Walnut street, Philadelphia. No. 923 was the easternmost lot.
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Appeal, No. 183, Oct. T., 1914, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1913, No. 2,407, for defendant n. o. v. in case of Frances B. Saunders v. Julius Wellner. Trespass to recover damages for the obstruction of an alley. Before Ralston, J. At the trial it appeared that on April 13, 1832, Jacob S. Wain was the owner of the adjoining lots 923 and 925 Walnut street, Philadelphia. No. 923 was the easternmost lot. On April 13, 1832, Wain by a ground rent deed conveyed the lot No. 925 Walnut street, twenty-five feet front by 159 feet deep, “Together with the right and…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff recovered a verdict in an action of trespass, which,- on a motion for judgment non obstante veredicto was set aside, and a judgment entered for the defendant. In an opinion filed, the court, after full consideration of the evidence found that the structure of which the plaintiff complained was placed entirely on the land of the defendant and did not encroach upon the plaintiff’s easement.
This conclusion was reached from the construction of the grant. While it is the well-known rule that in case of doubt as to the meaning of a deed, it is to be taken most…
2Cases cited1 opinion
- Saunders v. Racquet ClubSupreme Court of Pennsylvania · 1895