Patrick v. Myers
Patrick v. Myers
Opinion of the Court
The appellant Annie Laurie Patrick and the appellees W. B. Myers and wife own adjoining lots in Block 2 of McKee Subdivision of the. City of Jackson, the appellees being the owners of Lot 1 and the appellant of Lot 2 thereof, and they reside on their respective lots. Appellant’s residence on Lot 2'faces north toward McKee Street, and the residence,of the appellees on Lot 1 fronts east on North West Street. The driveway of the appellees runs east and west on the south side of their Lot No. 1. The dimensions of their lot are.approximately 65 feet along the east and west sides and approximately 91 feet on the north and south sides thereof. Whereas the dimensions of appellant’s lo.t are-50 feet along the north and south sides and approximately 127.7 feet along the east and west sides thereof.
The land here in dispute'is a portion of the appellant’s driveway, which she and her predecessors in title have used exclusively for that purpose for more than ten years prior to the filing of this suit by the appellees to cancel, as a cloud upon their title, the appellant’s claim to almost one-half of the area of her driveway, and confirm their title to that portion of the driveway on the east side of the same, being a strip of land 4.8 feet wide on the north end and 4.4 feet wide on the south end thereof, and to enjoin
The trial court granted the full relief sought by the appellees as to the strip of land in dispute.
In her answer and cross bill the appellant set up her claim to the fee simple title of the disputed area by adverse possession, and her cross bill also contained a prayer for general relief. She contends on this appeal that she is entitled to have her title confirmed in fee simple to Lot 2, including the disputed area whether the same be within the calls of the deed or not, on the ground of adverse possession, but urges in the alternative that she is at least entitled to have an easement over the disputed area as a part of her driveway without regard to where the true line between the two lots may be, on account of the continued use of the strip of land as a part of her driveway by her and her predecessors in title for more than ten years prior to the filing of this suit in 1957.
The appellees purchased their lot and residence from D,!r. Ben Walker during the year 1956, and they had not been sufficiently well acquainted with the premises for such length of time as to be able to dispute the claim of user of the strip of land in question, based upon the claim of the appellant and her predecessors in title that they had exclusively used the entire driveway for more than ten years prior to the filing of this suit. Dr. Ben Walker and the surveyor employed by the complainants, who are the appellees here, testified as to where the true line between the adjoining lots is located. Whereas the appellant and 7 or 8 witnesses in her behalf testified that when the appellant bought her Lot No. 2 in 1945 she began to claim as the line between the two lots an old picket fence, which was at that time in a bad state of repair, and some of which pickets had fallen down, and that she removed the fence on account of the fact that it was unsightly and was not in such state of repair as to be of further use as a fence. Whereas the chancellor found
However, the appellant and 7 or 8 witnesses, most of whom had resided close enough to the properties to be thoroughly familiar with the location of the fence, placed the same on the east side of the driveway which the appellant and her predecessors in title had used exclusive of all others for driveway purposes. For instance, the son of the predecessor in title of Dr. Walker had lived on the property for many years, and although introduced as a witness by the appellees he conceded that the old fence in question was located along the line of the present concreted ditch. It would be against the overwhelming weight of the testimony and manifestly wrong for us to hold that the appellant is not entitled to the right to have her title confirmed in fee simple out to the east true line of her lot and entitled in addition to a perpetual and exclusive easement for driveway purposes, and for that purpose only, declared to exist over the narrow strip in controversy as to that portion thereof which lies west of the concreted ditch. The witness who tore the old fence away and removed the same, together with other witnesses who had used the driveway from time to time, and had observed it being used by the appellant and by her
We have therefore concluded that the decree of the trial court in fixing the boundary line near the center of the appellant’s driveway should be reversed, the injunction dissolved, and the title of the appellant under her cross bill confirmed 'in her in fee simple as to all of Lot 2 according to its true boundaries and that she be granted a perpetual and exclusive easement appurtenant to her lot so long as used for residential purposes by her or any of her vendees or other successors in title, for driveway purposes over the portion of the strip of land in controversy which lies west of the concreted ditch so as to afford her an easy and convenient access over the driveway from.McKee Street to the improvements on the rear of her lot. No contention whatever is made that anyone other than the appellant and her predecessors in title have made any use of this driveway at any time within more than the years prior to the filing of this suit. The fact that the appellant unwisely and perhaps wrong
The decree appealed from is affirmed as to the strip of land on the south side of appellees’ lot which was originally in dispute under the pleadings, and as to all of said Lot No. 1 except as to the easement hereinbefore mentioned.
Affirmed in part, reversed in part and judgment here accordingly.
Reference
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