Brown v. Reddick
Brown v. Reddick
Opinion of the Court
Complainant and all the defendants but Bed-
as follows: Sarah J. Webber and Pauline E. Eason were to have, jointly, a strip 20 feet wide across the south end of said 97 feet; complainant, Clara M. Brown, was to have a strip 20 feet wide across the lot, and next north of that allotted to Sarah J. Webber and Pauline E. Eason; and the north 56-|- feet was allotted to Eebecca A. Ingersoll. It appears that, at the time these conveyances were executed,
The front part of the south 40 feet is .taken up by the stores. They extend back to within about 16 feet of the back end of the lot. It will be noticed that the north line of the north store contains a jog. It runs east from the front for a distance, then jogs south about 2-£ feet, and extends thence east to within 16 feet of the back end of the lot. North of these stores, and upon the other-part of this 97 feet, was the dwelling-house of Thomas Deniston. In drawing the deeds, the scrivener was given the situation of the premises and what each party was to take. The part belonging to Mrs. Webber and Mrs. Bason was described as—
“A part of Tot 24, * * * beginning 97 feet south of the north-west corner of said lot; thence running north 20' feet, more or less, to the center of the partition Avail between the two brick store buildings now standing on the north 97 feet of said lot 24; and extending east, to the east line of said lot, the same width.”
The part given to Mrs. Brown, the complainant, is described in the deed to her as—
“Beginning 56£ feet, more or less, south of the northwest corner of said lot 24-, and at the north-west corner of the stone wall forming the north foundation wall of the north brick store on said lot 24; thence running south 20 feet; and extending east the same width to the east boundary line of said lot • 24, — the premises hereby conveyed being that part of lot 24 aforesaid occupied by said brick store and immediately to the east of said building; the stone foundation wall of said building, on the north, being, so far as it extends, the northermost part of said premises hereby conveyed.”
The part given to Mrs. Ingersoll is described in the deed to her as—
*245 “All that part which lies north of the stone wall forming the north foundation wall of the north brick store building on said lot, — the premises hereby conveyed being the homestead lately occupied by Thomas Deniston, deceased, and the north 56-g- feet, more or less, of said lot 24.”
Mrs. Ingersoll subsequently conveyed the premises so deeded to her to the defendant Eeddick. In that deed the premises are described as—
“All that part of lot numbered 24 * * * which lies north of the stone wall forming the north foundation wall •of the north brick store building on said lot, — the premises hereby conveyed being the homestead lately occupied by Thomas Deniston, deceased, and all of the interest owned by said party of the first part in said lot 24, and being the north 57 feet, more or less, of said lot.”
After this deed was executed,- the defendant Eeddick claimed title to the strip of land situate in the jog made by the stone wall on the north side, that is, the defendant Eeddick claimed that the deed to Mrs. Brown describes a line continuing, from the north-west corner of the north brick store, around on the north line of the foundation wall, so far as it extends eastward, and thence continuing east to the line of the lot. This bill is filed to quiet title in the complainant to this small strip. Defendant Eeddick claims to be a Iona fide purchaser, under his deed from Mrs. Ingersoll, without’ notice of the claim now set up by the complainant.
The court below entered a decree in favor of defendant Eeddick, finding the title to this strip in him. In this we think the court was in error. It is apparent, upon the face of the deeds, that the north line of the complainant’s land is on a line extending directly eastward to the line of the lot, and not following the foundation wall around in this jog. It was the evident purpose, in making the deeds, that Mrs. Webber and Mrs. Eason should have the south 20 feet, upon which stood the south store. These lines
The complainant is entitled to have her line settled as a straight line, extending eastward from the north-west corner of her store building, and her title to this made absolute, so far as any claim defendant Reddick may set
Reference
- Full Case Name
- Clara M. Brown v. John L. Reddick
- Status
- Published