116 N.E.2d 425

KYGER ET AL., APPELLEES v. WILLIAMS, APPELLANT.

No. 33764Supreme Court of Ohio.
Decided December 23, 1953.

Supreme Court — Dismissal — No debatable constitutional question involved — Real property — Action to quiet title — Disputed boundary line — Deeds — Construction — Monuments to control distances — Description recited iron pin at corner of building — Corner of building controls, when — Iron pin missing — Doctrine of acquiesence — Applies, when — Possession for many years without claim of ownership by others — Purchaser of land in exclusive possession of third party — Takes title subject to rights of possessors — Due process — Equal protection — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Butler county.

Mr. James L. Young, for appellees.

Mr. Donald A. Dietsch and Mr. Charles A. Williams, for appellant.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.

Page 408

Tagged: