Peddicord v. Franklin

Barnes, J., delivered the opinion of the Court. This appeal involves a dispute between the appellants, Charles W. Peddicord, Jr. et al., and the appellees, Betty M. Franklin and her mother, Helen Franklin, over the location of property lines as related to a county road at Gypsy Hill in the Ninth Election District of Carroll County. The public right-of-way was formerly Maryland Route No. 27. The present Route No. 27 has bypassed this section of road by circling it to the west.

The disputed strip of road is now covered with gravel and runs generally from southwest to northeast. Some exhibits in the case refer to the east (southeast) side of the road so that, for convenience, we will refer to it as running north and south. The disputed portion of the road runs between the Peddicord land on the west and the Betty M. Franklin land on the east for approximately 665 feet. The southern half of this portion of road runs in front of, or to the east of, the Peddicord home lot.

On the east or Franklin side of this section is a bank some five or six feet high which runs along the edge of the road for approximately 300 feet. On March 10, 1972, Charles W. Peddicord, Jr. and his wife Anna M., Charles A. Franklin and his wife Catherine E., and Robert T. Turfle and his wife Dorothy L., for themselves and for all persons residing along the road involved, filed a bill of complaint in the Circuit Court for Carroll County against Betty M. and Helen Franklin, praying for a declaratory decree and a permanent injunction. The plaintiffs, Peddicord et al., alleged that the defendants, the Franklins, with deliberation, malice and intent to harass the plaintiffs and ¹⁶⁷ others using the roadway, have, for a period of two years, interfered with the customary and normal use of the roadway by: (1) committing continuous acts of trespass upon the land of the Peddicords; (2) driving stakes along the wheel tracks of the roadway, both within the property lines of the Peddicord land and within the property lines of the Franklin land; (3) constructing a barbed wire spite fence along the wheel tracks of the road and between the double rail wooden fence surrounding the Franklin land and the traveled portion of the road; (4) planting large rocks and stones along the wheel tracks of the road and within the property lines of the Peddicord land; and, (5) placing standard concrete parking bumpers along and within the right-of-way — some within the boundaries of the Peddicord land. It is further alleged that these acts of the defendants constitute a continuing trespass, a nuisance and a danger to the safety of the plaintiffs and others using the road.

The declaratory relief prayed was that the court set out the rights of the plaintiffs and others to the road where it bounds or is within the boundaries of the Franklin land, issue an injunction permanently enjoining the Franklins from performing the acts of trespass, etc., already mentioned, and grant punitive damages, costs and reasonable attorneys’ fees. The defendants, Betty and Helen Franklin, filed an answer on April 18, 1972. At the same time, a cross-bill of complaint was filed by Betty M. Franklin also seeking declaratory relief that (1) the Peddicords have no possessory interest on the east side of the road beyond the right-of-way line; (2) the Peddicords have no right to interfere with Betty Franklin, her heirs and assigns, from entering the roadway from any point along her property; and, (3) the plaintiffs and cross-defendants by their deliberate action have caused the roadway to encroach upon the Franklin land, which amounts to a taking of her property without due process of law. She prayed that (1) the cross-defendants be permanently enjoined from any action which would amount to further encroachment on the Franklin land; (2) they be required, at their expense, to move the roadway back to its original position prior to the wrongful trespass and encroachment or, ¹⁶⁸ in the alternative, to award Betty Franklin damages for the land taken; (3) compensatory damages of $5,000 be awarded the cross-plaintiff; (4) punitive damages for the willful, wanton and malicious trespass, actions and harassments be awarded to the cross-plaintiff, as well as costs and attorney’s fees; and, (5) the cross-plaintiff have other and further relief.

The original plaintiffs and cross-defendants filed an answer to the cross-bill of complaint on May 18,1972, for the most part denying its allegations. The suit came before the chancellor (Weant, J.) for hearing on September 1, 1972; and, with the consent of counsel for the respective parties (Charles 0. Fisher, Esq. for the plaintiffs and cross-defendants and Raymond E. Beck, Esq. for the defendants and the cross-plaintiff, Betty M. Franklin), the chancellor visited the portion of the road involved in the suit. Upon the chancellor’s return the following took place: “(Mr. Fisher) If the Court please I think the record should show that the property in question, properties in question and the roadway which is at issue have been visited by your Honor and counsel for the plaintiffs and the defendants prior to the beginning of testimony in this case.

I would also like the record to show, and I imagine by stipulation, that the location of properties and roadway in question is shown on County Assessment Maps 57 and is at the general location east of Route 27, south of Westminster and north of Taylorsville, at or near the locality known generally as Gypsy Hill. And I believe Mr. Beck has asked me to stipulate, and I have agreed to stipulate, that a drawing, plat made by Evans, Hagan and Holdefer, Inc., dated September 15, 1971, which we have already exhibited to your Honor, shows the property lines as they exist by deed descriptions of the Peddicord and the Franklin properties and the location of the fences that exist on the Franklin side of the road, stakes, stones, and concrete bumpers, ¹⁶⁹ with relation to the present apparently stone portion of the roadway. “(Court) All right. “(Mr. Fisher) Is that agreeable to you, Mr. Beck? “(Mr. Beck) It is. “(Mr. Fisher) I think we could also stipulate to the effect that as far as we both know this was formerly the old Westminster Road, or a section of it, before Route 27 was built some years ago, and is known as the County Road or old Westminster Road. “(Mr. Beck) Public right of way.” “(Thereupon Plat offered in evidence as Stipulated Exhibit No. 1)” Stipulated Exhibit No. 1 purports to show the beginning point as an “Aluminum Rod Fd.” and then shows a course N. 44° 03' 01" E. for a distance of 163.20 feet to an “Iron Pin Fd.” and thence with a course of N. 43° 37' 32" E. 187.10 feet to an “Iron Pin Fd.” This line, although beginning on the east side of the existing stone roadway and continuing along the east side for a short distance, then leaves the roadway, indicating a narrow strip of land with a maximum width of approximately six feet from what purports to be the boundary line of the Franklin land and the east side of the existing stone roadway. The plaintiffs, Peddicord et al., thereafter offered in evidence, through Charles W. Peddicord, Jr., the deeds by which the Peddicords acquired their three parcels of land and Betty Franklin acquired her three parcels (all deeds being duly recorded), i.e., (1) Plaintiffs’ Exhibit No. 1, a deed from Wilbur W. Naill and wife, dated August 4, 1956, whereby the Peddicords acquired one acre upon which they built their house; (2) Plaintiffs’ Exhibit No. 2, a deed from Wilbur W. Naill and wife, dated August 8, 1964, conveying two parcels: (a) a 2.8 acre parcel which is the Peddicords’ picnic grove and (b) a small parcel containing 1,466 square ¹⁷⁰ feet to straighten out the northwesternmost line of the Peddicord land; (3) Plaintiffs’ Exhibit No. 3, a deed from Francis A. Zile and wife to Betty M. Franklin, dated October 7, 1961, whereby she acquired a one-acre tract; (4) Plaintiffs’ Exhibit No. 4, a deed from the Ziles to Miss Franklin, dated October 31, 1964, whereby she acquired 0.325 of an acre; and, (5) Plaintiffs’ Exhibit No. 5, a deed dated March 12, 1968, from the Ziles to Miss Franklin whereby she acquired 5 acres of land. There was further testimony that indicated that the Naills, from whom the Peddicords acquired their land, never claimed any possessory interest in the east side of the road and that the Ziles, from whom Miss Franklin acquired her land, thought the boundary line was the east side of the road and never claimed any possessory interest beyond the east edges of the road abutting their property.

Miss Franklin steadfastly adhered to her position that her property line was the east side of the road, this line being represented to her by Mr. Zile when she bought the land as the correct boundary. She did not accept anything to the contrary on a survey by J. H. Rife shown on a plat dated March 2, 1968, or upon the Evans, Hagan & Holdefer, Inc. plat dated September 15,1971. There was testimony in regard to the erection by Miss Franklin of a barbed wire fence, the driving of stakes and the placing of standard concrete parking bumpers as well as various arrests and proceedings initiated by Miss Franklin in regard to the alleged trespasses by the Peddicords and of deliberate driving to the east of the road to increase its width upon the land to the east, the cutting of the barbed wire and other acts by the Peddicords or on their behalf. During the trial, counsel for the Peddicords successfully excluded certain testimony in regard to a 40-foot strip of land and an easement by Miss Franklin over it on the ground that “the deeds speak for themselves.” There was also testimony introduced by Miss Franklin in support of her contention that, in any event, she had acquired title to the disputed strip by adverse possession by ¹⁷¹ tacking the adverse possession of Francis A. Zile and his mother to that of Betty Franklin to make up the 20-year period of adverse possession.

We will comment more fully upon this evidence later in this opinion. The chancellor, on December 7, 1972, filed his opinion and a final decree in the case. He concluded that a careful examination of the deeds indicated that the correct line of division between the Peddicord and Franklin lands was the east edge of the road and did not find it necessary to pass upon the contention that Miss Franklin had, in any event, acquired title of the strip of land to the east of the road by adverse possession. After reviewing the relevant provisions of the several deeds and the testimony, the chancellor stated in his opinion: “In addition, a careful examination of the deeds leads us to the conclusion that the line of division between the property of Betty M. Franklin and that of Charles W. Peddicord and Anna M. Peddicord, his wife, is the southeast, east or south edge of the old County Road.

The intention to convey to that line is clearly expressed in their respective deeds. Whether one calls this line the south edge, southeast edge or east edge of the road should create no doubt since the road in question runs in a southwest to northeast direction.” “The records include as stipulated Exhibit 1 a survey by Evans, Hagan and Holdefer, Inc., dated September 15, 1971, which is title ‘LOCATION OF EXISTING ROADWAY.’ While the distances shown generally agree with those in the deeds from the Ziles to Betty M. Franklin, the first bearing shown is N. 44° 03' 01" E., while the bearing for the identical line of the second parcel conveyed by the Ziles to Betty M. Franklin shows it to be South 51 degrees West, or reversely North 51 degrees East. ¹⁷² Further the beginning of the first line of the above survey shows ‘an aluminum rod’ as the beginning point. There is no mention of such a rod in any of the deeds with respect to this point. We must, therefore, look further to establish the beginning of line 1 of the first parcel conveyed by the Naills to the Peddicords and the terminal point of line 5 of the second parcel conveyed to Betty M. Franklin by the Ziles.

We find our solution to the location of this point contained in the deed from the Naills to the Peddicords in which they conveyed 1466 square foot