Central National Bank v. Florence

211 S.E.2d 564, 215 Va. 463, 1975 Va. LEXIS 174
CourtSupreme Court of Virginia
DecidedJanuary 20, 1975
DocketRecord No. 731029
StatusPublished
Cited by1 cases

This text of 211 S.E.2d 564 (Central National Bank v. Florence) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Central National Bank v. Florence, 211 S.E.2d 564, 215 Va. 463, 1975 Va. LEXIS 174 (Va. 1975).

Opinion

Cochran, J.,

delivered the opinion of the court.

In 1936, William M. Taylor died seized and possessed of a certain lot fronting forty feet on the south side of Cheatham Street in the City of Richmond. The appellees, heirs at law of Taylor, brought this action as plaintiffs under Code § 8-836 et seq. (Repl. Vol. 1957), against appellants and Willie Atkinson and Elizabeth Atkinson, his wife, as defendants, to establish the eastern and western boundary lines of that lot.

[464]*464In the amended motion for judgment the coterminous landowners were alleged to be the Atkinsons on the west and appellants Charlie J. Jackson and Alease S. Jackson, his wife, on the east. A jury trial was held. At the conclusion of the plaintiffs’ evidence the trial court struck the evidence as to the Atkinsons and entered an order on December 5, 1972, establishing the plaintiffs’ western boundary line as the Atkinsons’ eastern line, based on the Atkinsons’ claim of adverse possession under color of title. This order, to which no cross-error was assigned, is now final as to the parties.

At the conclusion of the plaintiffs’ evidence and again at the conclusion of all the evidence, the trial court overruled appellants’ motions to strike the evidence as to them. The jury returned a verdict establishing plaintiffs’ eastern line and the Jacksons’ western line in such manner as to bisect the Jacksons’ house and lot and to award the Taylor heirs a lot fronting fifty feet on the south side of Cheatham Street, ten feet more than were claimed in their amended motion for judgment. The trial court, holding that the jury had been improperly instructed, set aside the verdict in order to prevent a “perversion of justice” and entered the judgment order appealed from that established the common boundary line between the Taylor heirs and the Jacksons ten feet west of the line fixed by the jury, but in a location that still extended through the Jacksons’ house and lot. The judgment order also awarded plaintiffs a writ of possession and ordered the Jacksons and the trustees under their deeds of trust to remove all encroachments within sixty days.

The lands in controversy were portions of a tract of approximately three acres in Chesterfield County, now in the City of Richmond, conveyed to Artemus Henderson and George Johnson by deed dated July 17,1911, of J. H. Blackwell and wife, recorded in the Clerk’s Office of the Circuit Court of Chesterfield County. The tract was therein described as being bounded on the west by the Atlantic Coast Line Railway (now Seaboard Coastline Railway) right-of-way, on the north by lands of Branch Cheatham’s estate, on the south by Brander’s Bridge Road (later Swineford Road and now Terminal Avenue), and on the east by the acre of land “reserved by Robert Brown.”

Henderson and Johnson subdivided the tract and sold off lots. By deed of July 19,1915, recorded August 5,1915, they conveyed to John W. Brinser four lots designated as four, five, fourteen [465]*465and fifteen, “on a map by said Henderson and Johnson.” Lots four and five were described as fronting on the northern line of Swineford Road 80 feet commencing 145 feet “from the intersection of a fifteen-foot road laid off at right angles from Swineford Road and running to the land formerly Branch Cheatham” and running back between parallel lines 163 feet, more or less, to a 12-foot alley. Lots fourteen and fifteen were described as lying immediately in the rear of lots four and five and commencing 145 feet “from the intersection of the western line of the fifteen-foot road laid off by Henderson and Johnson where it intersects the road laid off along estate of Branch Cheatham,” fronting on the southern line of said road along the line of Branch Cheatham’s estate 80 feet toward the Atlantic Coast Line Railway, and running back between parallel lines 163 feet, more or less, to the 12-foot alley.

By deed of August 20,1915, recorded October 1915, Henderson and Johnson conveyed to William M. Taylor a lot therein described as follows:

“All of that certain lot of land in the County of Chesterfield near the City of Richmond and fronting forty feet on a fifteen foot road laid off out of the estate of the late Branch Cheatham parallel to the road commonly called Swineford Road leading from Turnpike to the Atlantic Coast Line Railroad, and commencing on said road one hundred and five feet from the intersection of a fifteen foot road laid off and at right angles to the road first mentioned and leading from Swineford Road to the road called Cheatham Road aforesaid, and fronting on the aforesaid road laid off out of the estate of Branch Cheatham forty (40) feet toward the Atlantic Coast Line Railroad, and running back between parallel lines one hundred and sixty three feet, more or less, to an alley twelve feet wide and is designated as lot number sixteen on the map of lots laid off by said Henderson and Johnson out of the parcel of land conveyed to said Henderson and Johnson by James H. Blackwell and wife July 17, 1911, Deed Book 125, p. 112, and to which reference is made for further description of said lot.”

Taylor constructed on his lot a dwelling known as No. 2704 Cheatham Street which was condemned by the City of Richmond in 1963.

[466]*466All deeds from Henderson and Johnson conveyed lots described by lot numbers on the map of Henderson and Johnson lots and by reference to the fifteen-foot private road laid off between Swineford Road and the road along the Cheatham estate, now known as Cheatham Street. No plat of the lots was recorded, however, until 1925 when Arabella Robinson and husband conveyed to Paul W. Brinser lot three on an attached plat of Henderson and Johnson lots, lot three having been conveyed to Arabella Robinson in 1913 by deed recorded several years later. The plat is reproduced herein.

[467]

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Related

Carr v. Bradburn
10 Va. Cir. 97 (Rockingham County Circuit Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
211 S.E.2d 564, 215 Va. 463, 1975 Va. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-national-bank-v-florence-va-1975.