Mannerback v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 48, Oct. T., 1900, by defendant, from judgment of C. P. Berks Co., Aug. T., 1897,' No. Ill, on verdict for plaintiff in case of George W. Manner-back et al. v. The Pennsylvania Railroad Company. Ejectment for a lot of land in Cumru township.
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Appeal, No. 48, Oct. T., 1900, by defendant, from judgment of C. P. Berks Co., Aug. T., 1897,' No. Ill, on verdict for plaintiff in case of George W. Manner-back et al. v. The Pennsylvania Railroad Company. Ejectment for a lot of land in Cumru township. Before Endlich, J. From the record it appeared that in 1814 Daniel Bitting conveyed to Daniel Spang forty and one quarter acres of land “ excepting and forever reserving the graveyard on the land hereby conveyed at all times hereafter to enter thereon without the hinderance or denial of the said Daniel Spang, his heirs and assigns.” Plaintiffs…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The first ground upon which the appellant plants his request for a reversal, is alleged error committed in the construction put by the court below upon certain language in the deed from Bitting to Spang. The clause is, “ excepting and forever reserving the graveyard on the lands hereby conveyed at all times hereafter to enter thereon without hindrance or denial of the said Daniel Spang, his heirs and assigns.” If this be an exception, it saved to the grantor the fee of the land used as a graveyard. If it be a reservation, the fee passed to the grantee. If a…
2Cases cited6 opinions
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Kister v. ReeserSupreme Court of Pennsylvania · 1881
- Whitaker v. BrownSupreme Court of Pennsylvania · 1864
- Hancock v. McAvoySupreme Court of Pennsylvania · 1892
- Moffitt v. LytleSupreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
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