Kuhlman v. Title Insurance Company of Minnesota, 12163.
| Decision Date | 10 August 1959 |
| Docket Number | No. 12163.,12163. |
| Citation | 177 F. Supp. 925 |
| Parties | O. E. KUHLMAN and Marie Kuhlman, Plaintiffs, v. TITLE INSURANCE COMPANY OF MINNESOTA, a corporation, Defendant. |
| Court | U.S. District Court — Western District of Missouri |
John G. Killiger, Kansas City, Mo., for plaintiff.
Martin B. Dickinson, Kansas City, Mo., for defendant.
Plaintiffs, citizens of Missouri, instituted this action against the defendant, a foreign corporation, licensed to do business in the State of Missouri, to recover the sum of $10,000, the face value of a policy of title insurance issued by the defendant against defects of title to land purchased by the plaintiffs, which is described in the plaintiffs' deed as:
"A part of the east ½ of the Southwest ¼ of the Southeast ¼ of the Northeast ¼ of Section 27, Township 50, Range 33, described as follows: Beginning at a point 330 feet East and 610 feet North of the Southwest corner of said Southeast ¼ of the Northeast ¼ of said Section 27; thence East 330 feet; thence South 430 feet; thence West 150 feet; thence South 150 feet; thence West 30 feet; thence North 150 feet; thence West 150 feet; thence North 430 feet to the point of beginning, except part thereof in street or road, all in Kansas City, Jackson County, Missouri."
The same description used in the plaintiffs' deed was used in the Title Insurance contract.
Some time after the purchase of the tract, plaintiffs caused a building to be erected thereon to be used for industrial purposes, which was so designed and located on said tract of land that there was an area between the dock on the east side of plaintiffs' building and what plaintiffs thought to be their east boundary. Prior to the erection of the building, plaintiffs had been informed that it was necessary to afford a clearance of 60 feet in order to permit the largest of trucks to load and unload at the loading dock.
Prior to erecting the building plaintiffs caused a survey of the land to be made which located their east and west boundary lines, and it was with this survey in mind that they designed and located the building.
Some time thereafter, Mack Trucks, Inc., purchased all of the land adjoining plaintiffs' east boundary line, and caused a survey of its property to be made. This survey revealed that the true boundary was approximately 3.25 feet west of where plaintiffs had supposed it to be, and which had been designated by their survey.
After the determination of the property line by the Mack Trucks, Inc., survey, that company proceeded to build a fence on its boundary line, which left only 57 feet...
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