Leonard v. Wood
Leonard v. Wood
Opinion of the Court
Action in, ejectment by appellant. Cross-complaint by appellee to quiet title. Trial by the court. Binding and judgment against appellant on his complaint and for appellees on their cross-complaint. John Eranklin was on November 9, 1875, the owner of certain real estate in Owen county, and on said day conveyed the same to appellant, describing it as bounded in part by White river. In 1876 appellant applied to a loan company for a loan to be secured by mortgage on said land. The agent of the company examined the land, and required appellant to have it surveyed, so that the description would show the actual amount of good land in the tract, the river being
The question, is whether the judgment is sustained by evidence. The engineer who ran the line and furnished the description for the mortgage testified as follows: “I surveyed approximately where the river was. I surveyed down around the edge of the river. Some places might.
The appellant’s mortgage, after setting out the description by metes and bounds, concluded, “making in all 117 53-100 acres, and being all the land owned by the said John M. Leonard in said section twenty-one, township .nine north, range four west, in the said county of Owen and State of Indiana, together with all the privileges and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, and interest of the parties of the first part in and to the same, and every part and parcel thereof.” This language is consistent with appellees’ contention that the line was run for the purpose of measuring the land owned by Leonard, and not for the purpose of establishing a -boundary independent of the river. The strip between this land and the meander line was narrow and worthless. That Leonard did not intend to reserve it is a deduction that may. be legitimately drawn from the language used in' the mortgage, when taken in connection with the then existing conditions.
Appellant insists that the words, “thence down stream with the meanderings thereof,” apply only to the clause immediately following, and can not be applied to or carried forward to subsequent clauses contained in the deed. It is not necessary to consider the proposition except as it arises upon the facts herein involved, which includes the clause quoted as to the intent to cover all land owned by the mortgagor in the section, the -force of which is suffi
Judgment affirmed.
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