Conner v. Hendrix

72 S.E.2d 259, 194 Va. 17, 1952 Va. LEXIS 202
CourtSupreme Court of Virginia
DecidedSeptember 10, 1952
DocketRecord 3907
StatusPublished
Cited by17 cases

This text of 72 S.E.2d 259 (Conner v. Hendrix) 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
Conner v. Hendrix, 72 S.E.2d 259, 194 Va. 17, 1952 Va. LEXIS 202 (Va. 1952).

Opinions

Spratley, J.,

delivered the opinion of the court.

This proceeding, involving the ownership of a small parcel of land in the town of Colonial Beach, was originally instituted in chancery by the plaintiffs in error, Delbert W. Conner and Em-magine Conner, against Walter Hendrix and others, the parties in possession of the land. It was subsequently transferred to. the law side of the court, and thereupon plaintiffs in error, by leave of court, filed a declaration in ejectment, to which defendants pleaded the general issue. The case came on to be heard, and the court deeming the evidence of plaintiffs in error insufficient to show that they had title to the land, struck the

[20]*20evidence. The jury then returned a verdict for defendants, and judgment was entered accordingly.

The sole question for our decision is whether the trial court erred in striking the evidence.

For the purpose of clarity a diagram of the land involved and its surrounding area is set out below, the diagram being'a reproduction of a material part of a plat made by Hunter and Brewer,, dated April 30, 1884, and hereinafter referred to as the map of 1884. We have added the words “Hotel Reservation” to the original plat. They indicate the unplatted area often referred to as the “Hotel Reservation” in the deeds filed in evidence. The symbol showing the points of the compass has also been added.

On the diagram the parcel of land in controversy does not appear as a separate lot. It lies directly east of lot 11,. block 87, and between the northern and southern lines thereof extended eastwardly. to low water mark on the Potomac river. The l.ot is 56 feet wide (by re'cent survey 56.84' wide), and is bounded on the west by lot 11, block 87, on the north and south by extension of the side lines of lot 11 eastwardly 95 feet to low water mark on the Potomac river and on the east by the low water line of the said river. It consists of that part of the shore and beach of the Potomac which lies immediately east of lot 11, block 87, apd within the prolongation of its northern and southern lines to low water mark.

The common source of title begins with a deed from Jesse Heacock and wife, dated February 12, 1878, conveying to Henry J. Kintz, trustee, a tract of land containing several hundred acres bordering the Potomac river and known as “White Point Farm.” The tract conveyed included this parcel of land and the surrounding area. In 1882, Kintz, trustee, caused a considerable portion of this tract to be subdivided into building lots, and laid out streets and parks therein. The subdivision thus first formed appears on a map made in 1882 by B. Hyde Benton, and called the map of 1882. As platted and laid off on this map, none of the lots either north or south of the “Hotel Reservation” extended to the river as do the lots in blocks 93, 97 and 101 on the accompanying diagram, a reproduction of the material part of the later map of 1884.

Lots in the subdivision were sold and conveyed by Kintz, [21]*21trastee, to sundry grantees by reference to and as appearing on the map of 1882; bnt the strip of land whieh extended north-wardly and southwardly from the “Hotel Reservation” along the shore of the Potomac river was retained by Mm. He also retained the acreage known as the “Hotel Reservation,” which appears in the center of the diagram and is not divided into lots.

The strip of land which he retained along the shore between the eastern line of the building lots and the western edge of the river extended to mean low water mark. It not only included the area between low and high water marks, but also some of the shore or beach above high water mark along and just east of the eastern line of the lots. This higher land was available as a passageway to and from the acreage known as the “Hotel Reservation. ’ ’

In the brief of the defendants we are told, without contradiction, that a “street right ,of way crosses the land between the east line of lot 11 and the river.” This is supported by the provision in the deed of Henry J. Kintz, trustee, to John T. Given and others, trustees, granting certain rights to lot owners in the subdivision, and in the reservation in the deed of the Receivers of Colonial Beach Company to Prank D. Blackistone, hereinafter referred to.

The area included in lots 11 and 12 of block 87 was, by the map of 1882, a part of the acreage which comprised the “Hotel Reservation,” and, consequently, did not appear as lots on that map. No block number was designated oh that map. The other lots which appear on the diagram lying south of the “Hotel Reservation” did appear on the map of 1882, though lots 9 and 10 of block 87 on the map of 1884 appeared on the 1882 map as lots 19 and 20. Other lots on the map of 1882 also bore different numbers from those assigned to them on the map of 1884. This accounts for the double numbering of certain lots on the above diagram.

After the map of 1882 was made, Kintz, trustee, by deed of October 31,1882, conveyed to John T. Given and others, trustees, and their successors “for the joint benefit of the lot owners in the subdivision, forever” all the interest he had in the streets, avenues and parks shown on the said map and “all and any portion of the entire shore of the river between the building line and the river and all riparian rights of fishery or other rights [22]*22whatsoever as may be incident to the ownership of the shore, ’ ’ expressly reserving from the operation of the deed “that portion of the river front not laid off in lots, shown on said map in front of his dwelling house allowing, however, a free right of crossing said present reservation at the river shore to the owners of lots in said subdivision, * * *.” The “Hotel Reservation,” as we have seen, was not “laid off in lots.”

As lots 11 and 12 of block 87 on the map of 1884 had not been then formed or cut from the “Hotel Reservation,” this deed did not convey the land immediately in front of lot 11, block 87, that is, the parcel now in controversy. It did, however, convey, for the purposes specified, all of the strip of shore and beach lying south of the north line of lot 20 on the map of 1882 (lot 10 on map of 1884) extended to low water, that is, it granted the strip of land along the shore which lies south of the lot now in controversy.

It thus clearly appears that the fifty-six by ninety-five foot lot in controversy did not pass from Kintz, trustee, to Given and others, trustees; but continued to be owned by Kintz, trustee, ás a part of the area known as the ‘ ‘ Hotel Reservation, ’ ’ of which tract it constituted the most southeasterly part.

In 1883 Kintz, trustee, conveyed a lot of land that now comprises lot 11, block 87, to Florence H. Sawyer, who was the predecessor in title of Walter Hendrix and others, defendants in error. It is conceded that Kintz, trustee, was at that time the owner of the parcel of land now in controversy. Thereafter, all of the property of Kintz, trustee, shown on the map of 1884, except lots 11 and 12, block 87, (and other lots not pertinent to this case) was, after successive conveyances, vested in W. B. Em-mert, trustee, by a deed from A. T. Holtzman and others, trustees, dated December 31, 1908. Emmert, trustee, thus acquired the “Hotel Reservation” which extended to low water line of the Potomac river, and also the parcel in controversy lying just east of lot 11, block 87, extending to the river.

On January 9, 1909, W. B.

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Conner v. Hendrix
72 S.E.2d 259 (Supreme Court of Virginia, 1952)

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Bluebook (online)
72 S.E.2d 259, 194 Va. 17, 1952 Va. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-hendrix-va-1952.