Mageehan against the Lessee of Adams

Mageehan against the Lessee of Adams. Pittsburg, Monday, September 11. in ERROR. THIS case was upon a bill of exceptions to the opinion of the Common Pleas of Beaver county. Parol evidence shewthata^ course and s„rv^mdpa. tent are incor- and thauhey are otherwise A survey and patent of one Conrad, which were given in evidence, called for, at the beginning of the tract, a black oak on the state line, thence by the same ISO perches to a post. The plaintiff below offered evidence to prove that the black oak, and the marked line run from the black oak, were not on the state line, but about thirty perches east of it; and this evidence was admitted by the court, notwithstanding the defendant objected to it. Cmnpbell for the plaintiff in error, argued that the survey and patent were conclusive evidence of the situation of the tract. But the Court were unanimously of opinion that the evidence was properly admitted, the point having been so ruled many times. Semple for defendant in error. [MAJORITY] Judgment affirmed,