Ruhrwein v. Gebhart
Court of Appeals of Kentucky
Case 22 — PETITION ORDINARY APPEAL FROM KENTON CIRCUIT COURT. 1. What are the boundaries of a given piece of land conveyed by a deed is a question for the court, but where these boundaries are is a question for the jury. (Tyler on Ejectment, p. 474, ed. of April, 1870; Thompson on Trials, see. 1461.) 2. The ownei's of adjoining lands may by parol agree upon and establish the dividing lino between their lands.
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Case 22 — PETITION ORDINARY APPEAL FROM KENTON CIRCUIT COURT. 1. What are the boundaries of a given piece of land conveyed by a deed is a question for the court, but where these boundaries are is a question for the jury. (Tyler on Ejectment, p. 474, ed. of April, 1870; Thompson on Trials, see. 1461.) 2. The ownei's of adjoining lands may by parol agree upon and establish the dividing lino between their lands. (Tyler on Ejectment, p. 573, ed. of 1870; McCormick v. Barnum, 10 Wend., 104.) The motion for a new trial was not made within the time required by law, and, therefore, there is nothing…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellee sued the appellant to recover the possession of about four feet of land situated in the city of Covington. The appellant put in issue the appellee’s right to said land. The case was tried by a jury, which resulted in a verdict for the appellee for a part *148only of the land in controversy. The court having overruled the appellant’s motion for a new trial, he has appealed to this court.
The verdict of the jury was rendered on the 26th. day of May. On the same day the appellant moved the court to render judgment for him notwithstanding…
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