Williams v. Williams

• Decision Date: 16 January 1919
• Citation: 182 Ky. 738,207 S.W. 468
• Parties: WILLIAMS v. WILLIAMS.
• Court: Kentucky Court of Appeals

207 S.W. 468

182 Ky. 738

WILLIAMS v. WILLIAMS.

Court of Appeals of Kentucky.

January 16, 1919

Appeal from Circuit Court, Harrison County.

Suit by P. A. Williams against Dennis Williams to quiet title, with counterclaim for the same purpose by defendant. Judgment for defendant, and plaintiff appeals. Affirmed.

Daniel Durbin and M. C. Swinford, both of Cynthiana, for appellant.

T. E King, of Cynthiana, for appellee.

HURT J.

Emanuel Williams died on August 26, 1891, and left a last will and testament, which had been executed on February 10, 1891. He left surviving him a widow and several children, to whom, by his will, he made devises, and, as it appears, made a disposition, by the will, of his entire estate. Previous to 1876, he became the owner of a lot, in the town of Cynthiana which was situated upon the corner of Walnut street and Pike street in that city. The lot abutted on Walnut street on the east, and on Pike street on the south. The frontage of the lot on Pike street was 47 1/2 feet, and its depth from Pike street to the north end of the lot was 70 feet, 9 1/2 inches. Hence upon the eastern side, it abutted upon Walnut street the entire length from south to north. At the time Emanuel Williams acquired the lot, there was upon it a two-story frame building, which stood upon the corner made by the intersection of Walnut street and Pike street, and was about 20 feet in width, and extended along Walnut street to a depth of 56 feet. On the north end of this building, and as a continuation of it, a small one-story structure stood, and it, together with the main frame building, covered all of the front of the lot upon Walnut street, except a few feet at the north end of the lot. To make the situation of the buildings and fixtures upon the lot intelligible, reference is made to the following diagram:

(Image Omitted)

The letters A, B, C, and D, represent the entire lot; the line A O and D is the Walnut street side of the lot; the line A, E, F, and B, is the front of the lot upon Pike street; the lines represented by the letters A, E, X, S, R, V, and O, and back to A, is the frame building; the letters V I, I D, D O, and O V, represent the lines encircling the unoccupied part of the lot, which adjoins Walnut street, and is to the north of the frame buildings. A stairway, commencing on Pike street at E, extended up to the second story, on the outside of the side of the frame building, represented by the letters E and X, at which place there was a small platform, and from the platform the stairway descended along the wall to the ground at the letter X. From the platform, a door entered into the upstairs room of the frame building. Another outside stairway entered the frame building, between R and S, but, since, that stairway has been placed upon the inside of the frame house. Some time previous to 1876, Emanuel Williams erected upon the west side of the lot, and fronting upon Pike street, a two-story brick building, which, with the kitchen attached, is represented on the diagram by the lines between the letters and figures B, F, H, 7, 8, 9, W, and back again to B. The brick building has a slightly greater frontage on Pike street than the frame. When the brick building was erected, he tore down the outside stairways on the western side of the frame building and constructed a hallway, between the two buildings, which is indicated on the diagram by the letters F, E, X, and H. Within the hallway a stairway was erected, which went up from the first floor of the hallway to the second floor of it, and this stairway was erected against the brick building and is indicated by the figures 3, 4, 6, and 5. In the south end of the hallway is a small room, used in connection with the brick building. A doorway enters the hallway from the brick building. The front of the hallway from F to E is a brick wall, similar to the wall from F to B. The rear wall of the hallway from H to X is built of wood, and consists chiefly of the door, which opens from a hallway into the back yards of the two buildings. In the north end of the hallway, there was an entrance through its floor into the cellar, under the frame building. The roof of the hallway is a continuation of the roof of the brick building. A cistern is situated upon the lot, near the point indicated by the figure 8. There are two "intakes" for the sewers, at the points M and L. There is a doorway from the frame building to the outside on the line between X and S, and another between S and R. On the western side of the lot, at the north end, there are two or more closets, which are indicated by the figures and letters 1, P, 1c, 1b, Y and 2. A wall separates the closet into two portions. The wall is indicated by the letters Y to P. There is an opening from the closet between the figures 1 and 2, and also a doorway between the letters and figures P to 1c. A coalhouse is indicated by the letters and figures 1b, 1c, 1a, Z, and C.

About 1875 or 1876, the testator constructed a high board fence, from 6 to 10 feet in height, which commences at the point X thence to J, thence to K, and thence to N. Between the letters X and J, there is a gateway, or doorway, which is inclosed by a door upon hinges, and a small narrow passageway, through which a person may pass, on the line between J and K, and another passageway, through the board fence, on the line from K to N. These two latter passageways are inclosed by swinging doors. From the time of the erection of this board fence, until his death, the testator let both of the buildings to tenants, and the tenants and occupants of the frame house and the patrons of the business therein made use of the narrow alleyway embraced by the letters X, J, K, V, R, and S, in going to the closet and coalhouse, upon the north end of the lot. The frame building was used as a saloon during a portion of the time, and a grocery store during the remainder of the time, while the brick building was let to tenants for other purposes, and the tenants in the brick building made use of the closet upon the side of the board fence next to the brick building. The high board fence, as indicated, has been maintained at the same place at which it was originally erected by the testator, from the time of its erection until the present time.

The testator devised the frame house to his son the appellee Dennis Williams, and the brick building to his son the appellant, P. A. Williams. Disagreeing about the interest devised to each of them, this action was instituted by the appellant, whom we will call hereafter the plaintiff, against the...