Warwick v. Ocean Pond Fishing Club

Duckworth, Chief Justice.

(After stating the foregoing facts.) Two main questions upon which all exceptions must turn are: (1) Did the evidence relating to the establishment of the dividing line by acquiescence demand the verdict? and (2) was the cross-action of the defendant subject to objection and demurrer that it was not germane to the main action? These two questions will be decided in the order named.

“Acquiescence for seven years, by acts or declarations of adjoining landowners, shall establish a dividing line.” Code, § 85-1602. While the foregoing rule is applicable in processioning…