The court realizes that this break in the chain of title to King cannot be the basis of a decree quieting title in the plaintiff. It is only on the strength of plaintiff's title that such a decree can be made. Rose v. Griffith, Ky., 337 S.W.2d 15 (1960). While the plaintiff's title does go back to the dower tract division, it remains to be demonstrated how the description it claims to be the correct one can be reconciled with the description given by the court commissioners when there is such a notable variance.
"(I)t is mandatory that the judgment be warranted by the pleadings." Leamon v. Leamon, Ky., 302 S.W.2d 624 (1957); Rose v. Griffith, Ky., 337 S.W.2d 15 (1960) and 49 C.J.S. Judgments ยง 48, p. 108. "A judgment cannot rest on the evidence alone, unless waived by the opposite party."