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WILLIAM H. SMITH AND BERNICE G. SMITH v. ERNEST C. PETERMAN AND KATHRYN E. PETERMAN. KENNETH W. BLESSING (12/29/78)

decided: December 29, 1978.

WILLIAM H. SMITH AND BERNICE G. SMITH, APPELLEES,
v.
ERNEST C. PETERMAN AND KATHRYN E. PETERMAN. KENNETH W. BLESSING, SR., AND CARL E. JARRETT, APPELLEES, V. ROBERT E. RODGERS AND ERNEST C. PETERMAN. APPEAL OF ROBERT E. RODGERS, ERNEST C. PETERMAN AND KATHRYN E. PETERMAN



No. 1006 October Term 1977, Appeal from Order of the Court of Common Pleas, Lycoming County, entered Jan. 7, Civil Act.-Law 1977 at Nos. 75-2128 and 76-1103.

COUNSEL

Lester L. Greevy, Jr., Williamsport, for appellants.

John P. Campana, Williamsport, submitted a brief for appellees, Smith.

Malcolm S. Mussina, Williamsport, submitted a brief for appellees, Blessing and Jarrett.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Spaeth

[ 263 Pa. Super. Page 157]

This is an appeal from an order by which appellees William and Bernice Smith were declared owners of a tract of land in Washington Township, Lycoming County, and appellees Kenneth Blessing and Carl Jarrett of a fifty foot right of way across that tract. The Smiths brought an action of ejectment against appellants Ernest and Kathryn Peterman, and Blessing and Jarrett an action to quiet title against appellants Robert Rodgers and Ernest Peterman, but because the actions concerned the same tract, they were consolidated for trial.

It may be helpful to read what follows by reference to a diagram, which is based on an exhibit of record. Record at 41(a) (Vol. III), Jarrett's Exh. No. 1.

[ 263 Pa. Super. Page 158]

The tract of land in dispute lies along the northwestern line of Legislative Route 298. In September 1946, Raymond Kurtz, the father of Bernice Smith and father-in-law of William Smith, purchased the tract from Edith M. Lose. The deed description was as follows:

Beginning at a stone corner in the line of Roy Holmes on road leading from Elimsport, to Williamsport, thence by land of the same in a westerly direction three hundred and fourteen (314) feet to a pile of stones, thence in a northerly direction along the line of Roy Holmes and the Pennsylvania State Forest line five hundred and twenty (521) feet

[ 263 Pa. Super. Page 159]

    to a stone corner; thence easterly along the line of William Hively one hundred seventy-five (175) feet to a white oak tree and the State Highway road leading from Williamsport to Elimsport, thence along said State Highway road about six hundred and ninety-seven (697) feet to the ...


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