Hill v. Meyer
Hill v. Meyer
Opinion of the Court
The sole question, therefore, is what did Crooks acquire by the deed from Hart in 1850. Plaintiff contends and the judge a quo decided that by said deed, Crook only acquired fifty feet front on Market Street measuring “from the alley” — that he acquired by said deed only a lot of ground, fifty feet on Market by 160 in depth along, and parallel to the alley. If we attend only to the measurements, this is certainly the quantity of land that he acquired. But we think that the recitals of that deed, and the subsequent acts of the parties, established beyond doubt that they
We think that the plaintiff, as would have been her author Hart, is estopped from disputing defendant’s title as embracing the building. That said title, when all its parts and clauses are construed together and interpreted by the actions and conduct of the parties, includes the whole of said building and that the lot sold to Crooks and now held by defendant, must be held to have 54.70 feet front on Market Street so as to embrace within its limits the dwelling.
This embraces all that defendant’s title by its terms and recitals necessarily includes, and they have not acquired title by prescription to the remaining 5.90 feet in contest, since their title does not embrace it, and they have not possessed for thirty years.
Judgment amended accordingly.
Reference
- Full Case Name
- Sarah B. Hill v. Julia Meyer
- Status
- Published