Moffitt v. Lytle
Supreme Court of Pennsylvania
Appeal, No. 155, Oct. T., 1894, by defendants, from judgment of C. P. Yenango Co., Nov. T., 1892, No. 1, on verdict for plaintiff. Trespass for tearing down fence and plowing over plaintiff’s right of way. Before Taylor, P. J. Plaintiff averred in his statement: “That he was the owner of a certain piece of land in French creek township, said county, containing four acres, which by deed dated March 5, 1876, he sold to Joseph Henderson, recorded, etc.
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Appeal, No. 155, Oct. T., 1894, by defendants, from judgment of C. P. Yenango Co., Nov. T., 1892, No. 1, on verdict for plaintiff. Trespass for tearing down fence and plowing over plaintiff’s right of way. Before Taylor, P. J. Plaintiff averred in his statement: “That he was the owner of a certain piece of land in French creek township, said county, containing four acres, which by deed dated March 5, 1876, he sold to Joseph Henderson, recorded, etc. “ That among other things said deed recites, to wit: 4 Said party of the first part reserves the right of road or lane from said Franklin and…
1Opinion of the Court
Opinion by
Mb. Justice Green,
That the reservation contained in the deed from Moffitt to Henderson, is not an exception of a part of the land conveyed, but is only a reservation of a right of way over the surface of the land, is so manifest that it is not really denied by the plaintiff. The very point was decided by this court in the case of Kistler v. Reeser, 98 Pa. 1, where the reservation was made in terms almost precisely similar to the reservation in this case. Mr. Justice Trunkey, delivering the opinion, said, “ where land is granted and the right of way reserved, that right becomes a new…
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