Rowley v. Doe e. d. Carpenter

Decided November 15, 1849

Indiana Supreme Court · decided 1849-11-15

This was an action of ejectment in which the plaintiff below succeeded. The only question in the case, was, whether the blocks in the Lower, or McGary's Enlargement, of Evansville, are eighteen poles square, or eighteen poles one way, by eighteen poles and eighteen links, the other. That question depended on the construction to be given to the plat of .paid Enlargement, as made by Me Gary, the proprietor.

Decided 1849-11-15

Smith, J.

¶1— “ The Court below appears to have held upon the trial that the Enlargement was intended to correspond with the original plan of the city, as to the size of the blocks, notwithstanding the specification in the videlicet, that they are to be eighteen poles square. From an examination of both plats and the specifications accompanying them, we think it may be fairly inferred that such wap the intention of the proprietor, and as the Court below has so determined, we shall not disturb the judgment.”

¶2Judgment affirmed, &c.