Affirming.
On May 16, 1927, the appellee W.A. Chestnut borrowed of the appellant, John Grider, the sum of $800, to secure the repayment of which Chestnut and his wife, the coappellee Celia Chestnut, executed and delivered to Grider a mortgage on land W.A. Chestnut owned in Rockcastle county. This was not the first time, as we shall presently see, that Grider had accommodated Chestnut in the making of loans to him and in the taking of mortgages on the property Chestnut owned. The property which Chestnut owned was composed of three adjoining tracts which Chestnut had acquired at different times. The largest tract, known as the Griffin tract, contained 125 acres more or less, and as shown on the map in this record was practically square in shape. A county road known as the Brush Creek County road ran along its southern boundary. The Griffin tract was bounded on the east by the lands of Jasper Owens and on the north by the lands of Willis Johnson. Adjoining the Griffin tract on its western side was the second tract of land which Chestnut owned and which is known as the McHargue tract. It contained 13 acres more or less, and as shown on this map was rectangular in shape; the short sides being the northern and southern boundaries, and the long sides the east and west boundaries. The McHargue tract straddled the Brush Creek *Page 701 County road, a considerable portion of the tract lying to the south of that road. The north line of this tract is considerably to the south of the north line of the Griffin tract. This McHargue tract is bounded on the west by the lands of Geo. Smith, and on the south by the lands of Bill McHargue. The third tract which Chestnut owned is known in this record as the Hickey tract, and contained 2 1/4 acres more or less. On it is located the house of Chestnut. The north line of this Hickey tract, which is practically square in shape, is the south line of the Brush Creek County road. The south line of the Hickey tract is an extension of the south line of the McHargue tract. The Hickey tract is bounded on the west by the McHargue tract; on the south by the lands of Lee Chestnut; and on the east by the lands of W.H. Reams. In the mortgage given in 1927, and to which we have referred, the property put in lien is described as follows, bounded:
"On the north by the lands of W.C. Johnson;
"On the west by the lands of George Smith;
"On the south by the lands of Wm. McHargue, and
"On the east by the lands of Jasper Owens, and containing 135 acres, be the same more or less. The first parties derived title to the above described boundary of land, which is in two tracts — first tract from G.S. Griffin, Master Commissioner dated 24 day of December, 1909, and is recorded in the Rockcastle County Court Clerk's Office, in deed book 25, page 92. Second tract from William McHargue and wife, deed dated Sept. 1st, 1924, and is recorded in the Rockcastle County Court Clerk's Office, in deed book 40, page 242."
The question presented by this record is whether the Hickey tract is included within the mortgage or not.
Relying on the case of Loeb v. Conley,
Judgment affirmed.
