Kime v. Polen

Citations

• 5 Sadler 370
• 8 A. 783

Syllabus

<p>In ejectment by Polen against Kime for a lot of ground, both claimed under Tripp, who in 1852 was the owner of a tract including the lot in question. In 1858 the tract was sold at sheriff’s sale, on a judgment against Tripp, to Sharps, who conveyed to Shoemaker. In 1873 Shoemaker conveyed to Polen. Kime was in possession claiming by a defective paper title, and by adverse possession. Kime’s fence in 1873 included part of the lot and he alleged it had stood in the same place since 1860, but the evidence was indefinite. Shoemaker’s title to the lot was clear and his deed to Polen, mentioning other adjoiners besides Kime’s line as well as the amount of land conveyed, indicated an intention to convey the lot to Polen without regard to Kime’s fence. The court below left the question of Shoemaker’s intention to the jury. — Held, affirming judgment on a verdict for Polen, that the question was merely one of lines and that the justice of Polen’s claim was plain from the deeds, which need not have been submitted to the jury.</p>