Winters v. Bloom

Citations

• 96 Kan. 443
• 151 P. 1109
• 1915 Kan. LEXIS 402

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Boundaries — Division of City Lots — Descriptions in Deeds Fix the Boundary Line. An owner of a tract of ground erected a building on a part of it and afterward executed a deed conveying the west twenty-five feet thereof to a grantee, and subsequently conveyed the remaining eight feet thereof to another grantee. The building, which was designed to be twenty-five feet wide and was erected on the west side of the ground, extended about two inches over on the eight-foot part described in the deed to the second grantee, but whether it was inadvertently or intentionally done does not appear. There were no exceptions or reservations in the deeds nor any conflicting calls, nor were there any uncertainties in the descriptions of the ground in the instruments. In the absence of testimony that the grantor intended to convey more than was described in the deed given to the first grantee or less than that described in the deed given to the second grantee, or of any showing of a claim, agreement or understanding of the parties that the east side of the wall of the building should be the line of division between the parts, it must be held that each grantee took and owned the ground described in the instrument of conveyance made to him.</p>