City of Elkins v. Offhaus

West Virginia Supreme Court

City of Elkins v. Offhaus

81 S.E. 1132, 74 W. Va. 339, 1914 W. Va. LEXIS 128

DecidedMay 12, 1914

StatusPublished

This text of 81 S.E. 1132 (City of Elkins v. Offhaus) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Elkins v. Offhaus, 81 S.E. 1132, 74 W. Va. 339, 1914 W. Va. LEXIS 128 (W. Va. 1914).

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Opinion

LYNCH, Judge:

The case of Elkins v. Donohoe and this one present similar questions and facts. The deed here describes the land conveyed as triangle 2 in block 41 on the Davis plat, bounded by 156 feet along the turnpike and by a street and an alley running therefrom. To locate the corners, the surveyor began at the same starting point as in the Donohoe case. His measurements between the corners located by him correspond with those in the deed. Part of defendant’s building projects beyond the boundary line, and is to that extent upon the public street. As both cases are governed by the same principles, we deem it unnecessary to say more.

The decree is affirmed.

Affirmed.

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LYNCH, Judge:

The case of Elkins v. Donohoe and this one present similar questions and facts. The deed here describes the land conveyed as triangle 2 in block 41 on the Davis plat, bounded by 156 feet along the turnpike and by a street and an alley running therefrom. To locate the corners, the surveyor began at the same starting point as in the Donohoe case. His measurements between the corners located by him correspond with those in the deed. Part of defendant’s building projects beyond the boundary line, and is to that extent upon the public street. As both cases are governed by the same principles, we deem it unnecessary to say more.

The decree is affirmed.

Affirmed.

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Bluebook (online)

81 S.E. 1132, 74 W. Va. 339, 1914 W. Va. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-elkins-v-offhaus-wva-1914.