Brockman v. Brandenburg

Plaintiff owns forty acres of land adjoining on the south forty acres of land owned by the defendant. A rail fence has been maintained between these two forties for a period of twenty-six years, during which time the de*52fendant and his predecessors in title have cultivated and used the land up to the rail fence. The plaintiff claims that the true line between- the forties'is south of said rail fence, a distance of seventy-nine feet at the west end and forty feet at the east end.

Plaintiff bought his forty in 1910. Within a year after he bought it he had a survey made by the county surveyor of…