7 Watts 311 | Pa. | 1838
The opinion of the Court, was delivered by
This case presents hut one single question, and that is, whether a parol submission and the award of the arbitrator made in pursuance thereof, settling a dispute between two owners of adjoining lands, held by them in severalty in fee, as to the dividing line thereof; he binding and conclusive upon them, so that the award capnot be set aside for or on account of any mistake which, the arbitrator may have committed either in law or fact.
The award here must be taken as one made under a submission at common law; and being made by a judge of the parties’ own choosing, no exception can be taken to his judgment, either as to matter of fact or law. Nothing short of corruption or partiality
But considering it as the award of an arbitrator mutually chosen by the parties, under a submission at common law, it is binding and conclusive upon them. This case cannot be distinguished from the case of Davis v. Havord, 15 Serg. & Rawle 165, where it was held that the award of arbitrators made under a submission at common law fixing the boundary line between the parties was conclusive. The authorities there referred to, as well as the reasoning of the court on the subject, all go to support and maintain the correctness of the principle laid down, and upon which the case was ruled. The statute of frauds is inapplicable to an award made under a parol submission which had nothing in view beyond the settling of a dispute as to the boundary of land, and not the title of it. No right or title passes in virtue of the award; it merely fixes the boundary, and the title which existed previously becomes precisely located and limited by it.
It may be, however, that the decision of the arbitrator in this case was contrary to law, inasmuch as it may have taken from the plaintiff some land which, it would seem, he held and occupied adversely, as a part of his grant, for upwards of twenty-one years, and had thereby acquired an available right to it under the statute of limitations. But still it is of the first moment to the welfare and happiness of the community that disputes should be ended as speedily as may be, without depriving either party of the time that may be necessary for a fair trial. And when the litigant parties choose to pass by the tribunals established by law for settling disputes, and to submit their controversy to judges of their own selection, they will be held to be bound by their decision when honestly made; ut sit finis litium.
Judgment affirmed.