Cahn v. Parke
Cahn v. Parke
Opinion of the Court
This is an action to quiet title to a strip of land 4.8 feet wide fronting on Farnam street, in Omaha, and extending south to a depth of 134 feet. The plaintiffs claim title through mesne conveyances from John I. Rediek to Caroline Cahn, and also by adverse possession since 1883. The defendants also claim title by mesne conveyance from John I. Redick. In 1874 Redick conveyed to Sexauer a tract of land described as follows: Beginning at the northwest corner of the east 1.33 acres
Defendants claim title through a deed from John I. Redick to William C. Chambers, describing a parcel of land beginning at the northeast corner of the land Conveyed by Redick to Sexauer (being the Cahn property), thence running east along the south side of Farnam street 82 feet, thence south 300 feet, west 82 feet, north 300 feet to the place of beginning.
Mr. Chambers took possession of a tract 82 feet wide fronting on Farnam street, immediately east of the property occupied by Cahn. These neighbors lived side by side for many years. A high board fence was erected extending from the rear part of the tract toward the front, and an ornamental wire fence, uniform in design, was built in front of their respective properties, with an extension to the south connecting thé fence along the street with the board fence. Each grantee occupied the full quantity of land which his deed called for. In January, 1910, Mr. Chambers leased for 50 years to Mr. Dresser part of the land described in his deed fronting on Farnam street. He afterwards died, and the title vested, subject to the lease to Dresser, in his daughters, who are defendants in this case.
After this lease was made, Dresser erected'a building occupying the full 82 feet. He, with other defendants, insist that the deeds under whigh plaintiffs claim describe a tract the east boundary of which lies 4.8 feet to the west of the land occupied by Chambers.
AFFIRMED.
Reference
- Full Case Name
- Albert Cahn v. Gertrude C. Parke
- Status
- Published