Fidelity Lodge No. 59 v. Bond

On the first day of April, 1875, the appellant lodge was the owner of the north half of lot five in the town of New Castle. On the north side of this half lot a two-story brick building had been erected by the lodge. The remainder of the lot was vacant. On that day the appellant conveyed to Barton and Evan Fairfield nineteen and one-half feet off of the south side of said half lot, leaving about twenty feet between the lodge building and the ground so conveyed.

The deed made to the Fairfields for said nineteen and one-half feet contained the following provision: “And the said purchasers agree…