Cleveland v. Obenchain

This case is in this court for the second time. Cleveland v. Obenchain, 89 Ind. 274. It was sent back to the trial court, and after it reached there a trial was had resulting in favor of the appellee.

The first question is this: Is it proper for the court, on an appeal from a survey made by the county surveyor, or the surveyor appointed by the court, to hear parol evidence? This question is answered in the affirmative by the decision in Wingler v. Simpson, 93 Ind. 201, for the principle there asserted rules here. It is a familiar doctrine that parties by .acquiescing in boundary lines for…