Appeal, No. 306, Oct. T., 1959, from judgment of Court of Common Pleas of Chester County, No. 1307 of 1957, in case of George L. Walleigh et ux. v. Earl F. Emery et ux. Judgment affirmed.
Dallett Hemphill, for appellants.
D. Clarke Sautter, for appellees.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
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This is an appeal from a final decree in equity in which judgment was entered in favor of the defendants.
The plaintiffs and defendants were owners of adjoining tracts of land situate in East Pikeland Township, Chester County. The problem involved is the establishment of the eastern boundary of the plaintiffs' land and western boundary of the defendants' land. The plaintiffs seek to require defendants to remove a cement block retaining wall and driveway erected on land alleged to belong to the plaintiffs and they ask for damages for the removal of a hedge, trees, shrubs, plants, three concrete steps and part of a concrete walk also alleged to have been on plaintiffs' property.
Howard K. Moses was the owner of a large tract out of which both plaintiffs' and defendants' lands have come by many conveyances. All deeds in both lines of title contain descriptions based upon a survey of G G. Mudehardt dated September 17, 1915, which survey was placed in evidence by the plaintiffs.
On December 9, 1915 Moses conveyed to Hires Condensed Milk Company the following described property: "BEGINNING at an iron pin in the center of the public road leading from Kimberton to Phoenixville, thence north eighty-one degrees thirty minutes east along the center of said public road 274.5 feet to a point; thence south by and along a private driveway six degrees east 175.5 feet to a point in lands now or late of Howard K. Moses; thence along said lands south eighty-three degrees thirty minutes west, 70.7 feet to a point; thence still along said lands south nine degrees thirty minutes east, 82.2 feet to a point in the line of land now or late
[ 193 Pa. Super. Page 55]
of Chester Pennypacker; thence along said land north forty-six degrees west 323 feet to the place of beginning." (Emphasis supplied)
By the same deed, Moses also granted to Hires and its successors and assigns "free and uninterrupted right of ingress, egress and regress over, in and along the private driveway of the grantor which adjoins the property herein conveyed on the easterly side thereof ... the said private driveway shall be kept open ...