Brown v. Peterson Development Co.

HARDING, District Judge:

Plaintiffs, appellants herein, are the owners of lots in a recently created real property development known as Meadow Cove No. 2 Subdivision. These lots are designated as Parcel (2) in the accompanying plat. Defendants own land to the east of the subdivision. Their lands are designated as Parcels (3), (4) and (5) on the plat. Since prior to 1925, and until the trial of this case, there had been an old fence and an irrigation ditch separating the properties east and west of the former owners. This old fence is shown on the plat as “Old Fence.” Plaintiffs’ predecessors…