Jacqua v. Heston
| Citation | 142 N.E. 874,81 Ind.App. 142 |
| Decision Date | 21 February 1924 |
| Docket Number | 11,729 |
| Parties | JACQUA v. HESTON ET AL |
| Court | Court of Appeals of Indiana |
From Jay Circuit Court; Roscoe D. Wheat, Judge.
Action by Judson A. Jacqua against Bettie Farris Heston and another the named defendant filing a cross-complaint against the plaintiff. From a judgment for defendants, the plaintiff appeals.
This action was instituted by Judson A. Jacqua against Bettie Farris Heston and James E. Heston, to quiet the plaintiff's title to lot 113 in the original plat of the town of South Portland (now in the city of Portland) Indiana; except the triangular portion forming the east extremity of said lot, which triangular portion is about fifty-six feet east and west. The complaint is in the usual short form authorized by the Code. The defendants filed answer in general denial. Bettie Farris Heston then filed a cross-complaint against the plaintiff Judson A. Jacqua and his wife, Addie C. Jacqua, to quiet her title to a part of said lot 113 particularly described as follows: Beginning at the southeast corner of lot 114 in South Portland (now in the city of Portland); thence east twenty feet; thence north forty-four feet; thence west twenty feet; thence south forty-four feet to the place of beginning. Judson A. Jacqua and his wife, Addie C. Jacqua, filed answers in denial to the cross-complaint.
The special finding discloses the following material facts:
(1) That prior to November 7, 1917, the addition known as South Portland Addition to the city of Portland, Jay County Indiana, was laid out and platted as an addition to the town (now city) of Portland, which plat was duly recorded in plat record A at page 78, of the records in the office of the recorder of Jay County; and that among other lots shown on said plat are lots 113 and 114 in said addition.
(2) That on November 7, 1917, Catherine Heddon became the owner in fee simple of said lots 113 and 114.
(3) That there was a highway, known as Bridge Street, laid out and platted, lying and abutting on the west side of said lot 114; that said Catherine Heddon, being the owner of said lot 114, filed her petition in the Jay Circuit Court, at the May term, 1911, asking that a strip Thirty-two feet in width abutting said lot 114, in said Bridge Street, be vacated; and that, upon a hearing of her cause, the court rendered a judgment vacating that part of said street, thirty-two feet in width, abutting on said lot 114.
(4) That on December 14, 1917, Catherine Heddon conveyed to Albert Newman by warranty deed the following described real estate in Jay County, to wit:
Parts of lots 113 and 114 in South Portland Addition to the town (now city) of Portland, Indiana, described as follows, to wit: Beginning at the southwest corner of said lot 114 and running thence north forty-four (44) feet; thence east one hundred and thirty-two (132) feet; thence south forty-four (44) feet to the south line of said lot 113; thence west along the south lines of lots 113 and 114 to the place of beginning.
(5) That on April 2, 1920, Albert Newman conveyed to Bettie Farris Heston by warranty deed the same real estate described in No. 4 above.
(6) That on June 29, 1920, Catherine Heddon conveyed to Minnie Thornburg by warranty deed said lot 113; that on December 15 1921, Minnie Thornburg conveyed to William Brandis by warranty deed said lot 113; and that on October 31, 1922, William Brandis conveyed to Judson A. Jacqua by warranty deed said lot 113.
(7) That Bettie Farris Heston is now the owner in fee simple of the following described real estate in Jay County, Indiana, to wit:
Part of lot 113 in South Portland Addition to the town (now city) of Portland, Indiana, commencing at the southwest corner of lot 113 in said addition; running thence north forty-four feet; thence east thirty-two feet; thence south forty-four feet to the south line of lot 113; thence west thirty-two feet to the place of beginning.
On the foregoing facts,...
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