145 Ky. 355 | Ky. Ct. App. | 1911
Opinion op the Court by
Affirming.
Prior to 1857 John H. Williams and James T. Williams, brothers, owned tracts of land adjoining each other on John’s Creek, in Pike County, Kentucky. John H. Williams held his land under a patent calling for five hundred and twenty acres, and J ames T. Williams under
Recently a dispute arose between these owners as to the conditional line between their respective farms. Robert Williams, contending that the Deskins, were trespassing upon his land, brought a suit in which he sought to have his title to his property quieted and to recover damages for certain timbers cut therefrom. The title to the land was, by the answer, put in issue; and in the preparation of the case for trial much proof was taken in support of the contentions of the respective claimants. Upon a consideration of pleadings, exhibits and proof, the chancellor sustained plaintiff in his contentions, quieted his title to the land in dispute, and awarded a small sum as damages for timber taken from this land by the defendants. Being dissatisfied with this judgment, defendants appeal.
The overwhelming weight of the evidence shows that a conditional line was agreed upon and established by these brothers prior to the date upon which John H.’ Williams sold and conveyed his land to Deskins, appellants ’ remote vendor. The proof further shows that this conditional line had for one of its corners a stone, which has been identified by the witnesses and surveyors, and for its other corner two chestnut oaks, located at a corner of the old patents, under which they then held, and this
Appellant, Thomas Deskins, testified that he claims title to the property in dispute under and by virtue of the old patent for five hundred and twenty acres, owned by John H Williams, ignoring or losing sight entirely of the fact that his remote vendor, Jackson Deskins, acquired title from John H. Williams, not under the patent, but by deed, and in this deed he is restricted by the call thereof separating his land from that of James T Williams to this conditional line. He can not claim under his deed and against it, too, he is bound by .the provisions of his deed and this call for the conditional line, and when this conditional line is established the exterior boundary of his land adjoining the James T. Williams land is fixed.
The proof establishing beyond all doubt that appellee was the owner of the land in dispute and in possession thereof, the chancellor correctly held that he was entitled to the relief sought.
Judgment affirmed.