Burkelow v. Maurer

Supreme Court of Pennsylvania

Burkelow v. Maurer

3 Rawle 482, 1832 Pa. LEXIS 84

DecidedMarch 30, 1832

StatusPublished

This text of 3 Rawle 482 (Burkelow v. Maurer) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkelow v. Maurer, 3 Rawle 482, 1832 Pa. LEXIS 84 (Pa. 1832).

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Opinion

Per Curiam.

The true construction of the clause on which the question turns, is not that the grantee or those claiming under him, should not refair without giving a right to confine him to the bounds ultimately assigned him, but that he should not rebuild. To produce that consequence an alteration of the whole house to the foundation would be necessary, and the court therefore erred in supposing it to he produced by the addition of another story and a new roof.

Judgment reversed and a venire de novo awarded.

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Per Curiam.

The true construction of the clause on which the question turns, is not that the grantee or those claiming under him, should not refair without giving a right to confine him to the bounds ultimately assigned him, but that he should not rebuild. To produce that consequence an alteration of the whole house to the foundation would be necessary, and the court therefore erred in supposing it to he produced by the addition of another story and a new roof.

Judgment reversed and a venire de novo awarded.

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Bluebook (online)

3 Rawle 482, 1832 Pa. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkelow-v-maurer-pa-1832.