Knowles v. Toothaker

Writ oe entry. Both parties claim title through the same grantor, Henry Smith, who, in the first instance, conveyed “ parts of lots numbered 9 and 10, on the east side of Sandy river,” to the defendant. After reciting the other boundaries, the description in the deed continues as follows, “ thence easterly by a line parallel with the north line of lot No. 9 to the county road,” the grantee taking the land north of the line now in dispute, and the grantor retaining the land south of it. The line *173was run and marked by a surveyor immediately after the conveyance, and the parties then built a…