Shirley Morton v. Frank E. Green, Jr., Roni L. Jones, Frank E. Green, Sr., and Gina L. Green

Summary

The Pennsylvania Superior Court considers an appeal involving an adverse-possession and boundary dispute, focusing on whether a recorded settlement agreement creating an easement should be rescinded. The appellant argued that the agreement was based on mutual mistake or was impossible to perform after a subsequent survey identified a potentially misplaced boundary monument. The court’s opinion, as provided, begins its discussion of the appellate issues but does not include the disposition.

Holdings

1. The settlement agreement was based on a mutual mistake concerning ownership of the disputed parcel and was therefore subject to rescission.
2. Performance of the settlement agreement was impracticable because the agreed easement could not properly be granted over land owned by Morton.
3. Judicial estoppel and judicial admissions did not bar Morton from seeking rescission because the record did not establish improper position-switching, and the conceded accuracy of the original survey was uncertain.
4. The settlement agreement had to be rescinded, and the case had to be remanded for proceedings consistent with rescission.

Questions Presented

1. Whether the settlement agreement was subject to rescission because both parties mistakenly relied on an inaccurate survey and boundary location.
2. Whether performance of the settlement agreement was impracticable or impossible because it would grant Morton an easement over land she owned.
3. Whether judicial estoppel or judicial admissions barred Morton from challenging the accuracy of the original survey and seeking rescission.

Disposition

reversed_and_remanded