Meeker

Action in ejectment. The cause was tried by the court without a jury and defendants had judgment, from which plaintiff appeals on bill of exceptions.

The controversy arises out of conflicting claims to about an acre of land, being a narrow strip forty or fifty feet wide, extending along the east side of the land conveyed by plaintiff to defendant Emaline Simmons.

It was stipulated at the trial, “that the first call in defendants’ deed, to wit: ‘thence running along the center of the county road, north 30° 45' west 6.80 chains’ is conflicting in this, north 30° 45' west 6.80 chains, would carry the line 50 feet east of the center ’of the county road at the end of 6.80 chains, and the remaining portion of the line would be east of the proposed road; that to follow the call in the deed and go down the center of the county road 6.80 chains the remaining portion of the line would be the west line of the proposed road. To follow the line down the center of the county road the course would be, north 33° 45' west, and the land described in the complaint would belong to the plaintiff; but to follow the course N. 30° 45' west and not go down the center of the county road, the land…