Hammack v. Olds

Defendants 1 appeal a judgment that set the boundary between their property (the north tract) and plaintiffs’ property (the south tract) and awarded $1,326 in damages to plaintiffs for the loss of use and damage to real property. The primary issue is whether the boundary between the north and south tracts was established in 1954 “by agreement.” We review de novo and affirm.

The disputed boundary runs east and west. Plaintiffs bought the south tract in 1954. At that time, plaintiff Vernon Hammack’s father and mother owned the north tract. In 1954, Vernon and his father attempted to identify the…