Smith v. DeNiro

HENRIOD, Justice:

Appeal from a quiet title judgment based on a boundary by acquiescence. Reversed, with no costs awarded.

This suit questions ownership of a strip of land, called the Gordon Mill Race, situate between the parties’ properties which was used for over 50 years to transport water, but which use was abandoned in 1966. Both parties claim title on the theory mentioned, but the evidence reflects no common grantor, no payment of taxes by anyone, and no acquiescence by anyone owning the disputed property, save some disinterested cows that at times have browsed the mill race, subject of…