Lake Shore & Michigan Southern Railway Co. v. Sterling

(after stating the facts). 1. It may be inferred that both plaintiff’s lessor and plaintiff meant to build the fences erected by them on the boundary line of the property. It may be inferred that defendant and his grantors assumed that the fence was upon the line. Beyond this the testimony does not permit us to go in the way of establishing a boundary line by agreement and acquiescence. The controlling rule is stated in Smith v. Hamilton, 20 Mich. 433 (4 Am. Rep. 398), is a rule of property, and has been consistently adhered to. Olin v. Henderson, 120 Mich. 149 (79 N. W. 178); Sheldon v.…