Haffendorfer v. Gault
| Decision Date | 01 May 1886 |
| Citation | 84 Ky. 124,8 Ky.L.Rptr. 4 |
| Parties | HOFFENDORFER v. GAULT, & C. |
| Court | Kentucky Court of Appeals |
Appeal from Louisville Chancery Court.
Lane & Burnett for appellant.
Arthur Cary for appellee.
Lewis Judge.
In a division of the lands of Eudocia Puryear, in the city of Louisville, made in 1843 between her heirs, Mary Lignon received a lot described in the deed of partition as beginning at the intersection of 18th and Broadway streets running thence east with Broadway 210 feet; thence southward parallel with 18th street, but diverging westward of a line perpendicular to Broadway.
The heirs of J. Puryear received in the same division an adjacent lot described as beginning at Lignon's corner, on Broadway, running therewith east 112 feet, thence south at right angles thereto -- feet; thence west parallel thereto to Lignon's line, and with it to the beginning. That lot was, in 1857, divided between two of the heirs of J. Puryear Wilson and Woodward, the first named receiving a lot designated in that division as lot 4, being the western portion adjoining the Lignon lot, and the latter receiving the eastern portion designated as lot 3, each of the two lots fronting 56 feet on Broadway.
In 1849 Mary Lignon sold and conveyed the first mentioned lot to Elizabeth Simmons, who died in 1865, leaving it to her four children, appellee, Mary Gault, being one of them.
In 1866 Wilson and Woodward sold and conveyed the two lots, 3 and 4 to appellant. And in 1868 he sold and conveyed to Mary Gault and her three brothers, Bernard, John and Robert Simmons, a part of lot 4 adjoining the Lignon lot, the part sold being described in the deed as follows: " Beginning at a point on the south side of Broadway, 210 feet east of 18th street, thence southwardly with the west line of lot 4, as laid down in the plat recorded, * * * * thence eastwardly with the southern line of said lot * to a point 112 feet west of the eastern line of lot 3; * thence north to the beginning, making a triangle of the piece conveyed, and leaving lots 3 and 4 with a front of 112 feet and running back the same width; leaving 3 and 4 in the shape of a rectangle."
It will be perceived that the parcel of land thus described is in the form of a right-angled triangle, the hypothenuse of which is the original division line between the Lignon lot and lot 4, which ran from the corner on Broadway 210 feet east of 18th street, southward parallel with the latter; while the east line of the triangle, being the present division line between it and the part of lot 4 retained by appellant, runs south from the same corner on Broadway at right angles to it and to the back line.
But it appears that there is now and has been since about 1850 a fence extending from Broadway to the back line of lot 4 which is nine or ten feet east of and parallel to the line dividing the triangle and the part of lot 4 retained by appellant as fixed and described in the deed of 1868. And appellee, Mary Gault, having by conveyances from her brothers acquired title to the eastern portion of the Lignon lot, and to the triangle, and being in possession and claiming up to the fence, appellant brought this...
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