Middleton v. Wharton
Middleton v. Wharton
Opinion of the Court
Ejectment to recover possession of certain real estate. The plaintiffs admit the defendants to be well seized of the premises in controversy, if certain proceedings in probate court in the matter of the estate of Bussell Post, deceased, and a sale made under its order, were effectual to pass the title.
I. The first objection made by the plaintiffs is that the order to sell the real property of the deceased, as made by the court, did not cover and include the tract of ground known as “Eagle Park,” on the plat of the town of Bald Eagle. The order directed a public sale of real estate not involved herein, and “also the town of Bald Eagle, in said county and state, according to the plat thereof on record in the office of the register of deeds of said county; said town being laid out upon * * * and unimproved; the said town of Bald Eagle being subdivided into eighteen blocks, * * * said blocks being numbered” from 1 to 18 inclusive. In addition to the 18 numbered blocks, which were outlined upon the plat, there was a triangular tract of land designated as “Eagle Park;” and as the 18 blocks were mentioned by numbers, and no reference made to the park, it is plaintiffs’ contention that it was not included in the order. There is no merit to this claim. The general description in the order is definite and certain. It specifies the town of Bald Eagle as the property to be sold, not the blocks, 18 in number. A mere inaccuracy
2. Eagle Park must be considered as extending to the lake. That part of it on which'the name was placed is no more separated from the strip bordering on the water than is one part of a block detached from the other by reason of the existence of an alley therein. The whole was designed evidently for park purposes, the smaller part upon the lake to be used in connection with and appurtenant to the larger. An alley or way is established over the tract by means of which that part of Lake avenue lying along the lake shore westerly is connected with that upon the east. A glance at the map will satisfy any one of the intent of the deceased when platting; and this conclusion will be fortified upon reading the certificate of dedication attached, in which alleys and passage-ways are specially mentioned. This is the only alley or way laid down upon the plat; all other thoroughfares are streets and avenues.
Judgment affirmed.
Reference
- Full Case Name
- James Middleton, Administrator, and another v. Robert L. Wharton and others
- Status
- Published