Kennedy v. Schwab
Kennedy v. Schwab
Opinion of the Court
Opinion by
The appellant’s complaint is that the plaintiff failed to establish the location of the line to which he claims, and that the court erred in not giving binding instructions for the defendant. While much of the evidence is indefinite and unsatisfactory we cannot say that the question at issue should not have been submitted to the jury. There is affirmative evidence from which a jury might conclude that the dividing line between the lots of the plaintiff and the defendant was that set forth in the declaration. The plaintiff’s title was prior in date, and he testified that in 1873 he built a stone wall on the west side of his lot on the line given him by the surveyor and that he had the east line, the line in dispute, marked according to the grantor’s survey. The lot now owned by the defendant was formerly owned by Hugh Reilly, the plaintiff’s father-in-law, who acquired title in October, 1873, and the plaintiff testified that he built a fence along the line now claimed by him while he and his father-in-law were adjoining owners and that the fence remained until it fell down from dilapidation. There is also evidence that a stone wall exists on the lot line on the east side of
The allegation of a consentable line set up by the defendant was purely one of fact which was not made out to the satisfaction of the jury. The question was clearly and fairly submitted by the learned judge of the court below.
It was not error to admit the conveyances of the several lots contained in the block, for the defendant’s was last conveyed and the deeds were competent to show the order of conveyance and the identification of the particular lots. The descriptions were not sufficiently definite to throw much light on the case, but that did the defendant no harm.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.