Wilson v. Peerless Co.
Wilson v. Peerless Co.
Opinion of the Court
In 1897 Kennedy, who was the owner of land extending from Westmoreland street, one hundred and fifty feet, six and seven-eighths inches to Willard street, sold to Armstrong, the plaintiff’s grantor, a number of lots fronting on Westmoreland street and “extending...... in depth southwestwardly between parallel lines at right angles with said Westmoreland street sixty feet to and including on the rear end thereof the soil of a certain two feet six inches wide alley leading southeastwardly and northwestwardly and laid out by the said John M. Kennedy, Jr., for the common use of all ground bounding thereon.” In 1899 and before the erection of buildings on the lots conveyed to Armstrong, Kennedy sold to the defendant’s grantor, the land fronting on Willard street, extending in depth ninety feet, six and
The only question involved in the appeal is the construction to be placed on the,inconsistent words “to and including” in the grant to the plaintiff’s predecessor. The construction placed on the deed by the learned trial judge was that the grant to the plaintiff was of a lot sixty feet in depth from Westmoreland street, to an alley back of his lot, with the use of the alley in common with other owners of lots abutting on it. This construction gives to the words “sixty feet to” the meaning that the alley is sixty feet from the street. The construction contended for by the appellant would include the width of the alley within the sixty feet, the depth of the lot, as described and gives no effect to the word “to.” A construction should be given to an instrument as a whole, which, if possible, will give effect to all the words, and where the words of a grant have a doubtful meaning, they should be taken most strongly against the grantor: McMillin v. Titus, 222 Pa. 500; Collison v. Philadelphia Co., 233 Pa. 350.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.