Ayers v. Huddleston
| Decision Date | 07 January 1903 |
| Docket Number | 4,221 |
| Citation | 66 N.E. 60,30 Ind.App. 242 |
| Parties | AYERS v. HUDDLESTON ET AL |
| Court | Indiana Appellate Court |
From Fayette Circuit Court; F. S. Swift, Judge.
Action by Silas Ayers against Hannah Huddleston and others for the location of a boundary line. From a judgment in favor of defendants, plaintiff appeals.
Affirmed.
F. H Gray and H. L. Frost, for appellant.
Reuben Conner and Lon Conner, for appellees.
The controversy in this case is as to the location of the line dividing the lands of appellant from those of the appellees. Appellant's complaint is in three paragraphs,--ejectment to establish a boundary line, and to quiet title. Appellees had judgment. Error is assigned on the refusal of a new trial.
In April, 1857, Basil McCann conveyed to J. Holton & Co. the following: "All that lot of ground being in the northwest quarter of section number thirty, town number fourteen, range number thirteen east, lying east of the Whitewater river, commencing at the mouth of the Whitewater river bridge, on the range line, running eastwardly along the center of the Connersville and Liberty turnpike road thirty-seven and sixty one-hundredths rods; thence north to the bed of the river; thence down with the bed of the river to the place of beginning; the same to contain seven acres being lot No. 1 in East Connersville, as laid out by Basil McCann." Subsequently this same lot was conveyed as a whole by the same description in a number of conveyances from 1857 to 1882, having been, at the last named date, conveyed to Jonathan Gise as, "Lot No. 1 in East Connersville, Fayette county, Indiana, commencing at the mouth of the river bridge, at a point where the range line crosses; running easterly along the center of the Liberty pike thirty-seven and sixty one-hundredths rods; thence north to the bed of the river; thence down with the bed of the river to where the range line crosses the river, and with the range line to the place of beginning; the same to contain seven acres, more or less."
In October, 1857, Basil McCann acknowledged and caused to be recorded a plat of East Connersville. On this plat are a number of streets and lots; and a tract, with only the east and south boundaries given, is designated: "No. 1, Holton & Simpson, containing seven acres." No attempt seems to have been made to fix the limits or boundaries of the lot by this plat, nor are the lengths given of the only two sides of the lot shown in the plat. It is true, on the east side of the lot, and between it and lot two is platted a road, but no width is given. If the plat is drawn to a scale, this road must have been more than forty feet wide. So far as appears, this tract was never conveyed with reference to this plat, and so far as the questions here to be determined it need not be further noticed. As the plat had not been made and acknowledged at the time McCann made the deed in 1857, that conveyance could not have been made with reference to this plat.
In July, 1877, the town trustees of East Connersville caused the lands of the town to be platted and recorded. This plat was introduced in evidence, and designates the tract here in question as "Slaughter Company, No. 1, seven acres," and on the south boundary line of the lot are the figures "37 60-100." The line forming the western boundary line of this tract is designated on the plat as the range line between range twelve and range thirteen. No road is platted east of this tract, and what is designated as lot two lies immediately east; the east line of the former being the west line of the latter. Continuing east are other tracts, designated as lots three, four, five, six, and seven. But upon another part of this plat, and within what is designated as the corporation line, is another series of lots designated as lots one, two, three, four, five, six, and seven. No explanation is made upon the plat of this duplication of the numbers.
In April, 1885, Gise conveyed to Susan Chrismer a part of this lot by the following description: "A part of the northwest quarter of section thirty, town fourteen north, of range thirteen east, being a part of lot No. 1 in the village of East Connersville, in said county and State, bounded and described as follows: Beginning at a point on the Connersville and Liberty pike twenty-two and one-half feet from the center of the same at the southwest corner of lot No. 2 on Peter Godar's west line; running thence in a westerly direction along and parallel with the said pike 400 feet, more or less, to the lands of said Jonathan Gise; thence north 275 feet, more or less, to the bed of the Whitewater river; thence in a northeasterly direction along the bed of the said river to said Godar's west line of the northwest corner of said lot No. 2; thence south on a line parallel with the said west line of lot No. 2, 750 feet, more or less, to the place of beginning, excepting," a tract 140 feet square in the southeast corner thereof, theretofore conveyed by Gise to James McCann.
In February, 1887, Gise conveyed to Susan Chrismer a part of the lot by the following description: "The west part of lot No. 1 in East Connersville, Fayette county, Indiana, commencing at the mouth of the river bridge, at a point where the range line crosses the Connersville and Liberty turnpike; thence eastwardly along the center of the aforesaid turnpike to the southwest corner of that part of said lot formerly conveyed by deed to Susan Chrismer (said deed is recorded in deed record 5, page 501, of Fayette county, Indiana); thence northwardly along the west line of the aforesaid lot No. 1, 275 feet, more or less, to the bed of the Whitewater river; thence southwardly along the bed of said river to where the range line crosses the river; and thence with the range line to the place of beginning."
By these two conveyances Susan Chrismer became the owner of all that part of lot one now in question, and is the common grantor of the parties to this suit. The part conveyed to her by these deeds is indicated on the following plat as A, M, N, O, C.
[SEE GRAPH IN ORIGINAL]
In 1891 Susan Chrismer conveyed to Hannah Huddleston a part of this tract described as follows: "Beginning at a point on the north line of the Liberty road, and 356 feet west of the southeast corner of lot No. 1 in the town of East Connersville, in Fayette county, State of Indiana; running thence north, parallel with the east line of said lot No. 1, 126 feet; thence westwardly, parallel with the north line of the Liberty road, forty-four feet; thence southwardly, parallel with the east line of said lot No. 1, 126 feet to the north line of the Liberty road; thence eastwardly on the north line of the Liberty road forty-four feet to the place of beginning"--designated on the above plat as D, E, F, G.
On May 8, 1900, Susan Chrismer conveyed to appellant a part of the same tract described as follows: "The west part of lot No. 1 in East Connersville, Indiana, and described as follows: Commencing at the mouth of the river bridge at a point where the range line crosses the Connersville and Liberty turnpike; thence eastwardly along the center of the aforesaid turnpike to a point within fourteen feet of the southwest corner of the part of said lot No. 1 conveyed by Susan Chrismer and James Chrismer, her husband, to Hannah Huddleston, by deed dated March 20, 1891, and recorded in town lot deed record No. 8, at page 48; thence northwardly, parallel with the west line of said Huddleston's lot, extended 275 feet, more or less, to the bed of the Whitewater river; thence southwardly along the bed of said river to where the range line crosses the river; and thence with the range line to the place of beginning,"--designated on the above plat as A, H, I.
On the 28th day of the same month, Susan Chrismer conveyed to appellant the following: "A part of the northwest quarter of section thirty, township fourteen north, of range number thirteen east, the same being a part of lot No. 1 in the town of East Connersville, in said county of Fayette and State of Indiana, and bounded as follows, viz.: Beginning at the southeast corner of the part of said lot conveyed by the grantors herein to the said grantee Silas Ayers by deed dated May 8, 1900, and recorded in deed records of town lots, No 11, at page 233 of the deed records of Fayette county, Indiana; thence east fourteen feet to the southwest corner of Hannah Huddleston's lot; thence north, along the west line of Hannah Huddleston's lot, 126 feet, to the northwest corner of said Huddleston's lot; thence west fourteen feet to the east line of the part of said lot No. 1, conveyed by grantors herein to the grantee, and to which reference is heretofore made in this conveyance; thence south along the said grantee's east line 126 feet to the place of...
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