65 Pa. 416 | Pa. | 1870
The opinion of the court was delivered, July 7th 1870, by
I see not how a reversal of the judgment in this case is to be avoided, on account of the charge of the court in answer to the plaintiff’s 3d point. The point was, “ that while the marks on the ground, as a general rule, constitute the true survey, such marks must be in accordance with the bearings as near as may be, of the survey returned into the land office, and have some resemblance thereto.” This the court affirmed without qualification.
This answer is in discord with the answers to the 2d and 4th points of the plaintiff. The former affirms, “ that there is not such a departure from the lines or shape of the survey returned in the draft of defendants as to prevent their holding the land according to it if it represents the actual survey made on the Mowing warrant.” If this were true the court might have declined answering the 3d point as being totally unnecessary. To the 4th the court said, “ there may be even a material departure from the
In respect to the refusal of the court below to allow the patent to go out with the jury: — Unless there were very special reasons for it, it violated a uniform practice in this Commonwealth, which is to send out with the jury all title-deeds and papers given in evidence on the trial. If this were the only assignment of error in the ease, we might require to be shown wherein it was probably prejudicial to the party complaining, before we would reverse. That does not appear, and we disapprove of the refusal, and as this case may again be tried, it will doubtless not be repeated without a controlling reason apparent on the record.
Judgment reversed, and venire de novo awarded.