KETA GAS OIL CO. v. JENTS, 380 Pa. 217 (1955)

110 A.2d 369

Keta Gas Oil Company, Appellant, v. Jents.

Supreme Court of Pennsylvania.Argued November 9, 1954.
January 12, 1955.

Appeals — Findings of fact — Trial judge — Boundary line.

In an action of ejectment, in which the controlling issue was one of fact involving the location of an ancient boundary line, it was Held that the evidence supported the trial judge’s findings of fact.

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Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

Appeals, Nos. 169 and 170, Jan. T., 1954, from judgment of Court of Common Pleas of Clinton County, Oct. T., 1952, No. 82, in case of Keta Gas Oil Company et al. v. Thomas L. Jents et al. Judgment affirmed.

Ejectment. Before CARR, P.J., specially presiding, without a jury.

Adjudication filed finding for defendants; exceptions to adjudication dismissed and judgment entered for defendants. Plaintiffs appealed.

Charles E. Kenworthey, with him Paul W. Reeder, M. E. Haggerty and Reed, Smith, Shaw McClay, for appellants.

Charles Bidelspacher, Jr., with him Morris Klewans an Bidelspacher Bidelspacher, for appellees.

OPINION PER CURIAM, January 12, 1955:

A valuable gas well has been discovered on a certain tract of land which is claimed by both plaintiffs and defendants. The case boils down to a question of fact, namely, the location of an ancient boundary line. Defendants’ evidence in support of their claim was not only adequate to support the Trial Judge’s findings of fact, but was far stronger and more convincing than that produced by plaintiffs to support their claim.

The judgment in favor of the defendants is affirmed on the Opinion of President Judge CARR.

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