Comegys v. Carley
Supreme Court of Pennsylvania
ERROR to Alleghany county. This was an action of ejectment by Cornelius Comegys against Louisa Carley and Job Carley, for eighty-five acres of 1 and. The plaintiff and defendants were owners of adjoining surveys, the respective titles to which were indisputable; the difficulties arose out of a question of boundary. Much testimony was given on the subject of where the line was marked upon the ground; on which subject the court instructed the jury thus.
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ERROR to Alleghany county. This was an action of ejectment by Cornelius Comegys against Louisa Carley and Job Carley, for eighty-five acres of 1 and. The plaintiff and defendants were owners of adjoining surveys, the respective titles to which were indisputable; the difficulties arose out of a question of boundary. Much testimony was given on the subject of where the line was marked upon the ground; on which subject the court instructed the jury thus. “ It is well settled that the lines and corners found on the ground are the true survey, and control the draft of the survey and the courses…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
As the lines on the ground constitute the survey, the question of boundary was properly left to the jury on that principle ; but the question of adverse possession was in part for the court. *281Doctor Basse Muller being at the same time an agent of the plaintiff and the proprietor of the adjoining lot, and believing the land now in dispute to be within his boundary, let it to a tenant who cleared and cultivated a part of it. It is plain, and the fact does not seem to have been contested, that he did not mean to hold adversely to the…
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