Home/Court of Appeals of Kentucky/Shanahan v. McIntire

Shanahan v. McIntire

183 S.W. 529, 169 Ky. 160, 1916 Ky. LEXIS 675
CourtCourt of Appeals of Kentucky
DecidedMarch 15, 1916
StatusPublished
Cited by4 cases

This text of 183 S.W. 529 (Shanahan v. McIntire) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shanahan v. McIntire, 183 S.W. 529, 169 Ky. 160, 1916 Ky. LEXIS 675 (Ky. Ct. App. 1916).

Opinion

Opinion of the Court by

Judge Settle

Affirming on the original; reversing on the cross-appeal.

This appeal presents a controversy over the title to less than a quarter of an acre of land, the value of which admittedly does not exceed five dollars. Appellants and appellee own adjoining tracts of land through both of which runs, from east to west, the Springfield and Loretto turnpike, leaving a part of the land of both on each side thereof. The single matter to be decided is as to the true location of the line separating their lands; it being the contention of appellants that if correctly located it will give them the ground in controversy, and that of appellee that it will give it to him.

The action was one in ejectment, brought by appellee against appellants in the court below, the petition alleging the former’s ownership of the land and appellants’ wrongful inclosure and possession of the parcel in controversy. The answer and counter-claim of appellants denied appellee’s title, and, among other matters [161]*161of defense, alleged title in themselves. By consent of the parties a jury was waived and the case was tried by the court, resulting in a judgment in behalf of appellee to the effect, viz: ■;

“That the present true-, line between the lands of plaintiff and defendants on the south- side of the Springfield and Lebanon turnpike is a straight line from the corner stone at the schoolhouse to the center of three stones on the north side .of said turnpike. (2) That the present true line between the láñds of plaintiff and defendants on the north side of said turnpike is a straight line from the center of said three stones on the north side of said turnpike to a stone at what is called .the hickory corner, thence a straight line to the center of a large white oak. (3) -That' defendants recover of plaintiff any and all lands inclosed by plaintiff’s fence on the east side of said first named line, that is, on the east side of said line from the schoolhouse corner to the center of said stone on the north side of pike, and that said plaintiff recover of defendants any and all the lands on the west side of the line running from the center of skid stone to the stone at said hickory and thence to? the center of said oak tree. (4) It is ordered and adjudged by the court that George Newbolt, of Marion county, Kentucky, be and he is hereby appointed to go upon said lands as soon as may be and plant ,‘stobs’ thereon at intervals at not more than-one hundred yards along same; and plaintiff and defendants are given 18 months thereafter in which to place their respective fences on the line as located. (5) It is adjudged that plaintiff pay his own cost herein expended and that defendants pay their own costs herein expended.”

It appears from the record that the land now owned by appellee on both sides of the turnpike was conveyed him by C. M. Wright; that on both sides of the turnpike now owned by appellants was inherited by them from Mike Murphy, deceased, a brother of one of them and an uncle of the other; that such part of their land as lies north of the turnpike was conveyed Mike Murphy by B. B. Montgomery and that on the south side of the pike was conveyed him by J. T. Wright. The location of the lands referred to may, in some sort, be understood from the rough plat here given:

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Related

Cruse's v. Haggard
44 S.W.2d 290 (Court of Appeals of Kentucky (pre-1976), 1931)
Brooks v. Lower Elkhorn Coal Corporation
292 S.W. 480 (Court of Appeals of Kentucky (pre-1976), 1927)
Shanahan v. McIntyre
205 S.W. 386 (Court of Appeals of Kentucky, 1918)
Casebolt v. Hall
197 S.W. 839 (Court of Appeals of Kentucky, 1917)

Cite This Page — Counsel Stack

Bluebook (online)
183 S.W. 529, 169 Ky. 160, 1916 Ky. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shanahan-v-mcintire-kyctapp-1916.