Geoghegan v. Turner

• Decision Date: 27 September 1904
• Citation: 82 S.W. 244
• Parties: GEOGHEGAN v. TURNER et al.
• Court: Kentucky Court of Appeals

82 S.W. 244

GEOGHEGAN v. TURNER et al.

Court of Appeals of Kentucky.

September 27, 1904

Appeal from Circuit Court, Hardin County.

"Not to be officially reported."

Action by Sophia Turner and another against J. E. Geoghegan. Judgment for plaintiffs. Defendant appeals. Affirmed.

L. A Faurest and J. P. O'Meara, for appellant.

J. S Worthan and C. H. Moorman, for appellees.

BURNAM C.J.

The appellees instituted a proceeding against the appellant for forcible entry and detainer before the judge of the Hardin county court. Upon the trial it was adjudged that appellant was guilty, and a judgment of restitution entered. A trial in the circuit court upon appeal resulted in the affirmance of the judgment of the county court, and defendant appeals.

Appellant and appellees, and those under whom they claim, have owned adjoining tracts of land for more than 40 years before the institution of this proceeding, and a division fence had been maintained between their respective tracts. The line as marked by the fence was not a perfectly straight one. About 12 years before the institution of this proceeding, the appellant, Geoghegan, and William Turner, who was the father of appellee W. T. Turner, and the husband of appellee S.W Turner, in order to straighten the line between them verbally agreed that Turner should set a stone at one end of the line, on the turnpike road, and Geoghegan should set one at the other end of the line, on the bank of the Ohio river and that a straight line connecting these two stones should be the division line between their respective tracts of land, and that the division fence should be moved to, and maintained on, this new line. The line was a long one, and the terminal point thereof could not be seen from either end. Some time after the setting of these stones, the parties employed George G. Taylor, a surveyor, to run the line. When they met on the land for this purpose, it was discovered that the Geoghegan stone on the bank of the river was missing. Turner, however, insisted that the line should be run from the stone in the edge of the turnpike road to the point where he claimed the stone had been placed on the bank of the river. Geoghegan refused to abide by his agreement, and insisted that the line between them should be run without reference to the stones, and by the calls of his deed. Being unable to come to an understanding, no survey was made, and the old fence continued the division line between them. William Turner, Sr., died in January, 1900. After his death, his widow and only child, the appellee W. T. Turner, disconnected...