Spurrier v. Bland

• Decision Date: 08 February 1899
• Citation: 49 S.W. 467
• Parties: SPURRIER v. BLAND et al. [1]
• Court: Kentucky Court of Appeals

49 S.W. 467

SPURRIER v. BLAND et al. ^[1]

Court of Appeals of Kentucky.

February 8, 1899

Appeal from circuit court, Hardin county.

"Not to be officially reported."

Action by B. C. Spurrier against W. H. Bland and others, seeking to have certain ground declared to be a public square, and to have certain buildings removed therefrom. Judgment for defendants, and plaintiff appeals. Affirmed.

Chas G. Richie, J. H. Vanmeter, and W. S. Pryor, for appellant.

Marriott & Faurest, for appellees.

WHITE J.

The appellant, Spurrier, brought this action against the trustees of the town of Sonora, and certain property owners therein seeking to have a certain plat of ground in that town declared to be a public square and to be public property, and to have certain buildings thereon removed. Appellant alleged that he was the owner of lot No. 5 in the first tier of lots west of the Louisville & Nashville Railroad; that the boundary of this lot No. 5 is: North by the depot grounds of the railroad, on the east by the right of way of the railroad, on the south by the old Yeager lot, and on the west by this public square. Appellant's lot is 30 by 60 feet and, unless this plat in dispute is public property, does not front on any street or alley, and has no outlet. It is alleged that this public square was dedicated by the original owners of the ground whereon Sonora is situated. This appellant claims, was by a plat made, and by parol. It is alleged that this public square has been used by the public as of right for more than 30 years. The ground in contest is 70 by 90 feet, and lies just west of appellant's and Dyer & Raines' storehouses, and extends to a street. Appellees deny that the plat of ground is or was ever public property, or was ever dedicated, by plat or otherwise, to public use. Certain of appellees claim to own the land by purchase and deed remotely from one Vaughn, one of the original owners of the land. Appellant has now, and has had for some years, a two-story brick business house on his lot, which almost entirely covers it. This storehouse fronts on this square westward. One of the appellees has built on the west of appellant's storehouse, and fronting the street, and this building extends nearly to appellant's storeroom. Upon the issue thus presented much proof was taken. This proof shows, so far as not contradicted, that originally Vaughn & Smith owned the land whereon Sonora is located, and about the year 1859 or 1860 they jointly had surveyed and laid off the town into lots and streets, and there was a plat made, but this was not recorded. The basis of this plat was the line of railroad, which ran north, 15 west. The line of Vaughn & Smith runs north and south, but in the plat of the lots and streets the Vaughn & Smith line was not taken into consideration, except possibly as to where to begin. The old plat shows that there was reserved (being dedicated or sold) a square to the Louisville & Nashville Railroad. Of this square, there was .27 of an acre on Vaughn's side, and .98 of an acre on Smith's side, of their dividing line. Nearly opposite this railroad lot, and on Vaughn's side, was a lot set apart for a graveyard. The streets and alleys occur about equally on each. The tier of lots on the west of the railroad right of way, by the old map, in evidence, began to number at 1 south of a street, now county road. Lots 2, 3, and 4 are shown, different widths, but all extending from a street to the railroad right of way. Just north of lot 4,...