Kyte v. Chessmore

The opinion of the court was delivered by

Mason, J.:

Joseph Kyte owns two adjoining quarter sections of land, one lying south of the other, and A. J. (Jack) Chessmore owns the two quarters lying immediately east of them. In August, 1912, proceedings were instituted for a survey which resulted in a judgment of the district court fixing the location of the north and south section line between the two 320-acre tracts about forty feet east of a fence which had theretofore been regarded as marking the boundary. On March 6, 1915, that judgment was affirmed on appeal, and in the opinion it was said:

“It…