State v. Taylor

• Decision Date: 24 June 1901
• Citation: 64 S.W. 766,107 Tenn. 455
• Parties: STATE ex rel. BECKHAM v. TAYLOR.
• Court: Tennessee Supreme Court

64 S.W. 766

107 Tenn. 455

STATE ex rel. BECKHAM v. TAYLOR.

Supreme Court of Tennessee.

June 24, 1901

Appeal from chancery court, Obion county; Jno. S. Cooper Chancellor.

Bill by the state, on the relation of D. W. Beckham, against G. T Taylor. From a decree granting an injunction, defendant appeals. Reversed.

Hamilton Parks and R. P. Whitesell, for appellant.

R. E Maiden, Lannom & Stanfield, and J. W. Lewis, for appellee.

CALDWELL J.

This is a bill by the state of Tennessee, on relation of D. W Beckham, to enjoin G. T. Taylor from erecting a business house on ground alleged to be a part of a public street. The chancellor granted the relief sought, and the defendant appealed.

In the year 1855, Gen. G. W. Gibbs, owner of the land, laid off and platted a town, which he called "Union City." He sold lots according to his plan on both sides of the numerous streets, including Washington avenue, and in 1867 the town so established, with certain additions, was incorporated by that name. Washington avenue was the broadest of all the streets, being 100 feet wide at every point from one end to the other. It runs east and west, and is intersected by several north and south streets, the easternmost of which is Depot street, and the next, to the westward 120 feet, is First street. Beck and Bransford owned a large part of the block of ground bounded by those two streets, Washington avenue, and its first parallel street on the south, some 500 feet distant. They abutted on the south side of Washington avenue 120 feet, the full width of the block, and had other lots southward. From the east, and opposite that block, near the middle, Harrison street entered Depot street, and there terminated. Such was the situation for years. In 1884 Harrison street was extended through that block directly west to First street; and the width of Washington avenue, for the distance between Depot street and First street, was diminished in the manner, for the purposes and upon the considerations disclosed in the following deed, namely: "Know all men by these presents, that by virtue of the following ordinance of the mayor and aldermen of the corporation of Union City, Tennessee, passed Dec. 2, 1884, and the consideration therein expressed, the said Beck and Bransford having of this date conveyed to the mayor and aldermen of Union City, by their deed, the said right of way for Harrison street to First street, as therein set forth. Said ordinance is as follows: 'Council Room, Dec. 2, 1884. Board met in regular session. Present: Mayor Moore, Aldermen Bransford, Deitzel, Ownby, and Shoffner. Minutes read and adopted,' etc. 'On motion and second, the following ordinance was passed and ordered spread on the minutes, viz.: "Be it ordained by the board of mayor and aldermen of the corporation of Union City, that it is the manifest interest of the corporation that Harrison street be extended west to First street, and Beck and Bransford are the owners of the property through which said street would run, if so extended; and whereas, that portion of Washington avenue between First street and Depot street is wider than necessary, and Beck and Bransford are willing to exchange with the said corporation the right of way through their said property for a portion of the said Washington avenue: It is therefore ordered by the board that the following described portion of Washington avenue is hereby condemned, set aside and conveyed to the said Beck and Bransford, to wit: Beginning in the south line of Washington avenue at the intersection of the east line of First street, this point being the northwest corner of Beck and Bransford's furniture factory lot; runs thence north with the east line of First street 41 feet, to a stake; thence east 120 feet, to the west line of Depot street; thence south 41 feet, to the south line of Washington avenue; thence west 120 feet, to the beginning. In consideration of the transfer of the above property to Beck and Bransford, they have agreed and bound themselves to convey to the corporation of Union City through its mayor and aldermen the above mentioned right-of-way for the extension of Harrison street through to First street by the following bounds, to-wit: Beginning at the northwest corner of Frank Maney residence lot; thence north 41 feet; thence east 120 feet, to Depot street; thence south with Depot street 41 feet, to Maney's north-east corner; thence west 120 feet, to the beginning. And it is further ordered by the board of mayor and aldermen that when the said Beck and Bransford shall have executed their deed to the said right-of-way to the said corporation, that the mayor and recorder of this corporation are hereby authorized, empowered and instructed to make and execute to the said Beck and Bransford a deed in fee to that portion of Washington avenue being set forth and described above, such deed to contain the general covenants and warranty the right to hold and forever use and dispose of and warranty title," etc. "Be it further ordained, that this act take effect from and after its passage of this day and date. Jno. Barry, Recorder. J. M. Moore, Mayor."' Therefore, in compliance with and in furtherance of said ordinance, that portion of Washington avenue as set forth and described in said ordinance is hereby conveyed to the said Beck and Bransford in fee, to them and their heirs and assigns, with covenant of general warranty, that the same is unincumbered, that the right herein exists to so convey, that the quiet and peaceful possession is guarantied, and that the title to the same be warranted to the said Beck and Bransford and their heirs and assigns by the said mayor and aldermen of Union City and their successors in office against the lawful claims of all persons whatsoever; and we further certify that the foregoing ordinance, as herein set forth, is a true and perfect copy of the original, as shown by the minute book of the said board of mayor and aldermen of Union City, Tennessee. Witness our signatures, this Dec. 4th, 1884. J. M. Moore, Mayor. Jno. Barry, Recorder." The streets as originally laid out and the changes first referred to are well ilustrated by the appended diagram, in which the extent of the diminution of Washington avenue is represented by the parallelogram inclosing the letter "A," and the territory taken in exchange for extension of Harrison street is represented by the lines surrounding the letter "B":

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The board of mayor and aldermen promptly extended Harrison street as indicated, and since that time the extension has been continuously regarded and used as a part of one of the public streets of the town. Beck and Bransford without delay erected a large brick building upon that part of Washington avenue conveyed to them, and they and their successors in title ever...