Laurendine v. Markham

MILLS, Judge,

specially concurring:

I agree with the majority’s result and would affirm but not for the reason stated by the majority.

In 1947, W. H. Markham employed Fu-gate, a surveyor, to divide an east one-half section of land into four equal portions. Subsequently, Markham placed each of his four sons in possession of one of the parcels. Vernon Markham occupied the north one-half of the northeast one-quarter of the section. Howard Markham occupied the south one-half of the northeast one-quarter. Fences were set along the lines established by the Fugate survey. Title to each portion of the…