Town of New Castle v. Hunt
| Decision Date | 09 December 1910 |
| Docket Number | 6,935 |
| Parties | TOWN OF NEW CASTLE ET AL. v. HUNT ET AL |
| Court | Indiana Appellate Court |
Rehearing denied March 10, 1911.
From Henry Circuit Court; Ed Jackson, Judge.
Suit by Clay C. Hunt and others against the Town of New Castle and others. From a decree for plaintiffs, defendants appeal.
Affirmed.
Beach & Mikels and Barnard & Jeffrey, for appellants.
Forkner & Forkner, for appellees.
This is an action brought by appellees against appellants to establish the boundary lines of a certain alley in the town of New Castle, and to enjoin appellants from tearing up or in any way interfering with said alley as established.
The complaint is in one paragraph, and avers, in substance, that appellees own lots five, six, seven and eight in block seventeen of said town; that said town was platted about the year 1823; that at the time said town was platted and said lots laid off there was platted an alley running east and west along the south end of said lots abutting thereon, which was and is the extreme southern limit of the plat of said town; that shortly thereafter there was laid off and platted an addition to said town abutting on the south side of said alley; that appellants Bunch and Adams are the owners of lot one in block three in said addition, which lot abuts on said alley on the south; that immediately upon the laying off of said town and of said addition, said lot was located, and the grantors and predecessors of appellees and appellants took possession of their several properties up to the line of said alley as actually located, and appellees and their grantors and predecessors in title built and have maintained for more than three-quarters of a century fences houses and permanent buildings and structures on and up to the northern line of said alley as actually located, as heretofore stated, continuously under a claim of title and of right, and appellants Bunch and Adams and their grantors for a like period have erected fences, buildings and permanent structures on the south side of said alley as actually located, claiming right and title up to such alley; that said occupancy and said claim have been continuous and uninterrupted for and during the period aforesaid; that said town has during said period recognized said lines as the true lines of said alley, and has improved both Main and Elm streets upon the west and east sides of said block, with reference thereto, at least twice; that about the year 1854, in the construction of the "Pan Handle" railroad, the corner stone and witnesses marking the original and permanent corners of said town were destroyed, and ever after have been lost, by reason of which no actual survey can be made of said town so as to fix definitely the lines thereof as indicated by the original field notes and plat; that the only and best evidence of the actual location of said alley is its actual location and occupancy from the time said town was laid out until the present time.
The complaint then avers that the true lines of said alley are as they now exist, and as they have existed during the period aforesaid, and that said town, in improving Elm street, is about to and is threatening to extend the south line of said alley four feet north into said alley and the north line that distance north of the true line, and to extend the north line four feet into and upon the premises and private property of a...
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