Pittsburg v. Jellison

• Decision Date: 16 December 1908
• Docket Number: No. 6,524.,6,524.
• Court: Indiana Appellate Court
• Parties: PITTSBURG, C., C. & ST. L. RY. CO. v. JELLISON et al.

42 Ind.App. 628

86 N.E. 501

PITTSBURG, C., C. & ST. L. RY. CO.

v.JELLISON et al.

No. 6,524.

Appellate Court of Indiana, Division No. 2.

Dec. 16, 1908.

Appeal from Circuit Court, Jay County; J. F. La Follette, Judge.

Action by Matthew Jellison and others against the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. From a judgment for plaintiffs, defendant appeals. Affirmed.

G. E. Ross, for appellant. J. W. Newton, for appellees.

ROBY, J.

This is an appeal from a judgment quieting appellee's title to real estate. The facts shown without apparent dispute are that appellees, in October, 1882, purchased and took possession of lots 45, 46, and 47 in Addington's Heirs' addition to Ridgeville, Randolph county, Ind. These lots are bounded on the north by the appellant's railroad. When appellees took possession, they found a fence north of said lots, and they have since then held to the fence, claiming it as their boundary line. They planted fruit trees near to the fence in 1882, which are still standing, and they have exercised dominion over the land ever since. The fence found by them was erected in 1867, and has been from time to time renewed, marking the boundary from that date until 1904, when appellants built a new one 15 to 18 feet south of the old one. The decree quiets title in appellees to the lots named, describedby metes and bounds, and following the line of the old fence, thereby including the strip in dispute. The evidence is supportive of the finding. Webb v. Rhoads, 28 Ind. App. 395, 61 N. E. 735;Logsdon v. Dingg, 32 Ind. App. 158, 69 N. E. 409;Rennert v. Shirk, 163 Ind. 542, 551, 72 N. E. 546.

The complaint joined paragraphs to quiet title with paragraphs for possession and for damages. The finding is a general one, and is within the issues, and is the only one which the court, under the evidence, could make. A right result having been reached, there can be no reversal. Burns' Ann. St. 1908, §§ 700, 407.

Judgment affirmed.