Jones v. McElroy
Jones v. McElroy
Opinion of the Court
This is a motion for an appeal from a judgment quieting title which had the effect of reforming plaintiffs’- deed. The property in dispute is a strip of land from one to three feet in width running along an old fence line.
For many years Stella Gregory owned a tract of land in McCracken County dividéd'by a fence which had existed for a great many years. In 1946 she sold the
There is abundant proof in the record that the original Gregory land was generally known as being made up of two distinct tracts divided by the fence. There is evidence that when the conveyance was made to plaintiffs, both the grantor and the grantee understood that the fence line would be the boundary. For several years after the conveyance to the plaintiffs, they made no claim that the fence line was not the boundary.
The record justifies the reformation of plaintiffs’ deed fixing the fence line as the northern boundary of their property.
The motion for appeal is overruled and the judgment stands affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.