Legal Opinion

Payne v. Howard

Supreme Court of Pennsylvania

Decided November 5, 1884No. 122PublishedCited by 3 opinions

Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term, 1884, No. 122. Ejectment, by Wiliam A. Payne against Samuel Howard, for a tract of land described as follows: “Piece of land in Jefferson township, Allegheny county, Pennsylania, beginning at a post on Samuel Wilson’s line; thence south 86° 22' W. 48 perches; thence south 52° HP west 50 perches to Kennedy’s line; thence south 52° east across Peter’s Creek to line of land of Samuel P.…

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Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term, 1884, No. 122. Ejectment, by Wiliam A. Payne against Samuel Howard, for a tract of land described as follows: “Piece of land in Jefferson township, Allegheny county, Pennsylania, beginning at a post on Samuel Wilson’s line; thence south 86° 22' W. 48 perches; thence south 52° HP west 50 perches to Kennedy’s line; thence south 52° east across Peter’s Creek to line of land of Samuel P. and S. N. Large; thence along said line to a sugar tree corner on lands of said Larges and Samuel Wilson; thence along…

1Opinion of the CourtChief Justice Mercur

*583It is well settled that when the courses and distances given in a return of survey differ from the natural and artificial boundaries on the ground, the latter shall govern. Where there are no such monuments on the ground, and there is a discrepancy between the courses and distances given and the adjoining lands called for, the latter will prevail: Koch v. Dunkel, 9 Norris 264. But in ascertaining the location of a tract of land, the inquiry is not where it should or might have been located, but where it actually was located: North-umberland Coal Co. v. Clement, 14 Norris 126.

In plaintiff’s…

2Cited by3 opinions

  1. Bushey v. South Mount. M. & I. Co., Pennsylvania Court of Common Pleas, Cumberland County1890
  2. Goodman v. Petroleum Engineering Corp.Superior Court of Pennsylvania · 1930
  3. Wimer Condemnation, Pennsylvania Court of Common Pleas, Lawrence County1971

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