Westgate v. Mathews

This cause arises out of a dispute over the ownership of a parcel of land some 54.2 feet wide north and south and 198 feet wide east and west. (The disputed area is bordered by line C — C1 on the north and D — D1 on the south on the attached diagram.) From a judgment of no cause entered September 17, 1969, by the court sitting without a jury, plaintiff appeals.

In 1936, Elmore Westgate, plaintiff’s father and predecessor in title, purchased a piece of land 12 rods square from a Mr. and Mrs. Schmidt. This piece of land would be bounded by the lines A — A1 on the north and C — C1 on the south on…