Ayers v. Huddleston

66 N.E. 60, 30 Ind. App. 242, 1903 Ind. App. LEXIS 4
CourtIndiana Court of Appeals
DecidedJanuary 7, 1903
DocketNo. 4,221
StatusPublished
Cited by3 cases

This text of 66 N.E. 60 (Ayers v. Huddleston) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ayers v. Huddleston, 66 N.E. 60, 30 Ind. App. 242, 1903 Ind. App. LEXIS 4 (Ind. Ct. App. 1903).

Opinion

Robinson, J.

The controversy in this case is -as to the location of the line dividing the lands of appellant from those of the appellees. Appellant’s complaint is in three paragraphs, — ejectment, to establish a boundary line, and to quiet title. Appellees had judgment. Error is assigned on the refusal of a new trial.

In April, 1851, Basil McCann conveyed to J. Holton & Co. the following: “All that lot of ground being in the northwest quarter of section number thirty, town number fourteen, range number thirteen east, lying east of the Whitewater river, commencing at the mouth of the Whitewater river bridge, on the range line, running eastwardly along the center of the Connersville and Liberty turnpike road thirty-seven and sixty one-hundredths rods; thence north to the bed of the river; thence down with the bed of the river to the place of beginning; the same to contain seven acres; being lot Ho. 1 in East Connersville, as laid out by Basil McCann.” Subsequently this same lot was conveyed as a whole by the same description in a number of conveyances from 1851 to 1882, having been, at the last named date, conveyed to Jonathan Grise as, “Lot Ho. 1 in East Connersville, Fayette county, Indiana, commencing at the mouth of the river bridge, at a point where the range line crosses; running easterly along the center of the Liberty pike thirty-seven and sixty one-hundredths rods; thence north to the bed of the river; thence down with the bed [244]*244of the river to where the range line crosses the river, and with the range line to the place of beginning; the same to contain seven acres, more or less.”

In October, 1857, .Basil McCann acknowledged and caused to be recorded a plat of East Connersville. On this plat are a number of streets and lots; and a tract, with only the east and south boundaries given, is designated: “Ho. 1, Holton & Simpson, containing seven acres.” Ho attempt seems to have been made to fix the limits or boundaries of the lot by this plat, nor are the lengths given of the only two sides of the lot shown in the plat. It is true, on the east side of the lot, and between it and lot two is platted a road, but no width is given. If the plat is drawn to a scale, this road must have been more than forty feet wide. So far as appears, this tract was never conveyed with reference to this plat, and so far as the questions here to be determined it need not be further noticed. As the plat had not been made and acknowledged at the time McCann made the deed in 1857, that conveyance could not have been made with reference to this plat.

In July, 1877, the town trustees of East Connersville caused the lands of the town to be platted and recorded. This plat was introduced in evidence, and designates the tract here in question as “Slaughter Company, Ho; 1, seven acres,” and on the south boundary line of the lot are the figures “37 60-100.” The line forming the western boundary line of this tract is designated on the plat as the range line between range, twelve and range thirteen. Ho road is platted east of this tract, and what is designated as lot two lies immediately east; the east line of the former being the west line of the latter. Continuing east are other tracts designated as lots three, four, five, six, and seven. But upon another part of this plat, and within what is designated as the corporation line, is another series of lots designated as lots one, two, three, four, five, six, and seven. Ho [245]*245explanation is made upon the plat of this duplication of the numbers.

In April, 1885, Gise conveyed to Susan Chrismer a part of this lot by the following description: “A part of the northwest quarter of section thirty, town fourteen north, of range thirteen east, being a part of lot No. 1 in the village of East Connersville, in said county and State, bounded and described as follows: Beginning at a point on the Connersville and Liberty pike twenty-two and one-half feet from the center of the same at the southwest corner of lot No. 2 on Peter Godar’s west line; running thence in a westerly direction along and parallel with the said pike 400 feet, more or less, to the lands of said Jonathan Gise; thence north 275 feet, more or less, to the bed of the Whitewater river; thence in a northeasterly direction along the bed of the said river to said Godar’s west line of the northwest corner of said lot No. 2; thence south on a line parallel with the said west line of lot No. 2, 750 feet, more or less, to the place of beginning, excepting,” a tract 140 feet square in the southeast comer thereof, theretofore conveyed by Gise to James McCann.

In February, 1887, Gise conveyed to Susan Chrismer a part of the lot by the following description: “The west part of lot No. 1 in East Connersville, Fayette county, Indiana, commencing at the mouth of the river bridge, at a point where the range line crosses'the Connersville and Lihr erty turnpike; thence eastwardly along the center of the aforesaid turnpike to the southwest corner of that part of said lot formerly conveyed by deed to Susan Chrismer (said deed is recorded in deed record 5, page 501, of Fayette county, Indiana) ; thence northwardly along the west line of the aforesaid lot No. 1, 275 feet, more or less, to the bed of the Whitewater river; thence southwardly along the bed of said river to where the range line crosses the river; and thence with the range line to the place of beginning.”

[246]*246By these two conveyances Susan Chrismer became the owner of all that part of lot one now in question, and is the common grantor of the parties to this suit. The' part conveyed to her by these deeds is indicated on the following plat as A, M, H, O, C.

In 1891 Susan Chrismer conveyed to Hannah Huddleston a part of this tract described as follows: “Beginning at a point on the north line of the Liberty road, and 356 feet west of the southeast corner of lot Ho. 1 in the town of East Connersville, in Eayette county, State of Indiana; running thence north, parallel with the east line of said lot Ho. 1, 126 feet; thence westwardly, parallel with the north line of the Liberty road, forty-four feet; thence southwardly, parallel with the east line of said lot Ho. 1, 126 feet to the north line of the Liberty road; thence eastwardly on the north line of the Liberty road forty-four feet to the place of beginning” — designated on the above plat as D, E, E, Gr.

[247]*247On May 8, 1900, Snsan Ohrismer conveyed to appellant a part of the same tract described as follows: “The west part of lot No. 1 in East Connersville, Indiana, and described as follows: Commencing at the month of the river bridge at a point where the range line crosses the Connersville and Liberty turnpike; thence eastwardly along the center of the aforesaid turnpike to a point within fourteen feet of the southwest corner of the part of said lot No. 1 conveyed by Susan Ohrismer and James Ohrismer, her husband, to Hannah Huddleston, by deed dated March 20, 1891, and recorded in town lot deed record No. 8, at page 48; thence northwardly, parallel with the west line of said Huddleston’s lot, extended 275 feet, more or less, to the bed of the Whitewater river; thence southwardly along the bed of said river to where the range line crosses the river; and thence with the range line to the place of beginning,”— designated on the above plat' as A, H, I.

On the 28th day of the same month, Susan Ohrismer conveyed to appellant the following: “A part of the northwest quarter of section thirty, township fourteen north, of range number thirteen east, the same being a part of lot No.

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Cite This Page — Counsel Stack

Bluebook (online)
66 N.E. 60, 30 Ind. App. 242, 1903 Ind. App. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayers-v-huddleston-indctapp-1903.